UOI Vs. CHANDER BHAN SINGH

JUDGEMENT

(1.) HAVING heard learned counsel for the parties we are setting aside the impugned order dated January 28, 2011 and simultaneously restoring OA No.2272/2009 for fresh adjudication.

(2.) THE reason is that notwithstanding the Tribunal having correctly understood the law declared by the Supreme Court in the decision reported as (2008) 1 SCC (L&S) 819 Monishankar Vs. UOI & Anr. has applied the same in a very perfunctory manner. In Monishankar's case the Supreme Court held that a mere

(3.) IT appears that the Tribunal was annoyed at the fact that an earlier Original Application filed by the respondent had resulted in the matter being remanded to the Appellate Authority to take a fresh decision with an opinion expressed by the Tribunal that the Appellate Authority would pass a speaking order taking note of the discrepancies/deficiencies alleged by the respondent and at the remanded stage the Appellate Authority passed an order which did not measure up to the expectation of the Court.