BHISHAM DUTT SHARMA Vs. COMMISSIONER, MCD & ORS.

JUDGEMENT

(1.) CM 5502/2012

(2.) THIS case has a chequered history. The petitioner is impugning the order dated 13.12.2011 passed in OA 492/2011 by the Central Administrative Tribunal, Principal Bench, New Delhi whereby the Tribunal has virtually followed the order dated 28.07.2004 passed by a learned Single Judge of this Court in, WP(C) 3262/2003. The petitioner joined as a teacher with MCD on 21.02.1994. Prior to that, the petitioner was working with the Department of Education, U.P, at Nainital. Clause 6 of Resolution No. 13891 dated 23.03.1987 of the respondent/ MCD reads as under: -

(3.) FROM the impugned order we find that the Tribunal has virtually followed the order of the learned Single Judge dated 28.07.2004 which had been passed in, WP(C) 3262/2003. The Tribunal by itself has not examined the merits of the matter. On the contrary, the Tribunal was of the view that they are bound by that order and that a contrary view cannot be taken. However, we feel that since the Division Bench had already granted the liberty to the petitioner by virtue of the order dated 07.12.2005, it was incumbent upon the Tribunal to have examined the matter on merits and to have come to a conclusion in accordance with law. Unfortunately, that has not been done.