SUNIL DUTT Vs. UNION OF INDIA

JUDGEMENT

(1.) THIS writ petition is directed against the order dated 28.02.2012 passed in MA 3488/2011 in OA No. 1021/2010. The petitioner had sought execution of the order dated 25.01.2011 passed in OA 1021/2010 by way of the said miscellaneous application being MA 3488/2011.

(2.) THE learned counsel for the petitioner before this Court submits that although liberty has been granted by the Tribunal by virtue of the impugned order to seek redressal by way of appropriate proceedings on the original side, he cannot do so because the law does not permit him to do so inasmuch as, according to him, he would be filing the Original Application on the same set of facts and the same circumstances, which is not permissible in law. We may say straightaway that we do not agree with this contention of the learned counsel for the petitioner because the order dated 25.11.2011 while disposing of the Original Application No. 1021/2010 clearly stipulated certain directions. It is consequent to those directions that a seniority list has been recast and if the petitioner is aggrieved by the manner in which the seniority list has been recast, it does not mean that he would be agitating the same cause before the Tribunal if another Original Application is filed.

(3.) WE may also note that pursuant to the order dated 25.01.2011 in the OA 1021/2010, the official respondents had prepared a tentative seniority list which was circulated and objections were invited. The petitioner did not have any grievance with regard to that tentative seniority list. However, after the objections from some others had been considered by the official respondents, a final `recast' seniority list was notified. While notifying the same, the earlier tentative seniority list was withdrawn.