UNION OF INDIA Vs. K.K.DAWAR

JUDGEMENT

(1.) WE have repeatedly cautioned the Members of the Central Administrative Tribunal not to dispose of Original Applications without notice to the respondents. Such kind of decisions, without notice to the respondents, disposing of Original Applications on the very first day of listing, create problems for the department in the form of stale claims resuscitating. We are noticing that the so-called innocuous directions issued by the Tribunal that either the Original Application be treated as a representation and a reasoned decision taken, or a direction that the representations already made, be decided with reasons, gives birth to an ostensible fresh cause of action. At the second stage litigation, after claims are denied, the Tribunal is unable to decipher as to when would the cause of action accrue. Very conveniently, Benches of the Tribunal, do not even deal with the issue of limitation, resulting in unnecessary further litigation being created in the High Courts. Instant case highlights one such problematic manner in which the Tribunal disposed of an Original Application and at the second stage, very conveniently ignored to deal with the issue of limitation.

(2.) O .A.No.3675/2011 was disposed of by the Central Administrative Tribunal on October 13, 2011, passing a seemingly innocuous direction as under:-

(3.) THE respondents, K.K.Dawar and Shyam Sunder Lal were the applicants of O.A.NO.3675/2011.