RINKU KUMAR Vs. GOVT. OF NCTD

JUDGEMENT

(1.) THIS is the third cryptic order we have noticed today being passed by the Central Administrative Tribunal resulting in the matter being remanded. The Central Administrative Tribunal is the first fora where facts have to be noted and if there are rival versions, with reference to the record the correct facts have to be penned. Thereafter, the principle of law which is attracted for adjudication, if one arises, has to be noted followed by rival contentions noted and a reasoned decision taken.

(2.) IT is regretful that the Tribunal is not following the aforesaid course which has to be adopted by fora of first adjudication.

(3.) WITHOUT calling for a para-wise reply to the O.A., by looking into the records of the respondent, the Tribunal has decided the O.A. We are not to be understood to mean that in every case reply should be called for, for if the fact based dispute can be resolved best by calling for the record, it would be perfectly justifiable to do so. But, in such circumstances, the record produced must be clearly noted and recorded in the decision and not in the manner as has been dealt with by the Tribunal in the impugned decision dated December 10, 2012.