UNION OF INDIA Vs. MADAN MOHAN

JUDGEMENT

(1.) THE challenge in the writ petition is to the order dated January 12, 2012 passed by the Central Administrative Tribunal, Principal Bench in Review Application No.322/2012 in Original Application No.892/2008. The Original Application No.892/208 was filed by the respondent herein challenging his non-promotion to the post of Technician Grade-III. Since the issue of non-promotion was related to the controversy as to whether the respondent belonged to the category of Diesel Cleaner or Store Khallasi, the same was decided in favour of the respondent herein by the Tribunal in terms of order dated February 13, 2009 wherein the Tribunal, in paragraphs 6 and 7 held as under:-

(2.) PURSUANT to the order of the Tribunal the petitioners issued order dated July 09, 2009 whereby the request of the petitioner was not acceded to. This resulted in filing of a contempt petition by the respondent herein. The contempt petition was disposed of by the Tribunal directing the petitioners to pass a fresh order strictly complying with the earlier order dated February 13, 2009.

(3.) WHILE deciding the Review Petition the Tribunal noted that the stand of the petitioners is at variance with the stand in the Original Application, by observing that "none of the factual submissions now being made and extracted above (para 9(c) of the RA) found a place in the counter reply". Further applying the opinion rendered by the Supreme Court reported as (2008) 9 Scale 504 State of West Bengal& Ors. v. Kamal Sen Gupta (paras 18 and 35) the Tribunal held that the case in hand does not fall in the category of "matter or evidence that was not within the knowledge of the Review Applicant or even after exercise of due diligence could not be produced before the Tribunal". In fact the Tribunal held that there is no such averment in the Review Application. Accordingly, the Tribunal dismissed the Review Application.