PRASAD A.V. Vs. UNION OF INDIA

JUDGEMENT

(1.) It is well-nigh settled that a Court or a Tribunal to which a case was remanded by a Superior Court cannot traverse beyond the limits laid down in the order of remand. In other words, the scope of such a case depends on the terms of the order of remand. This position is fairly settled by the Hon'ble Apex Court in the decision in Jamshed Hormusji Wadia v. Board of Trustees, Port of Mumbai reported in AIR 2004 SC 1815 and reinstated in many a cases. When that be the position, a seemingly disregard to decide the matter afresh in terms of an order of remand that too, after making a virtual criticism of the said order, by a Tribunal, should be a cause of concern from the point of view of judicial discipline and judicial propriety. The raison d'etre for such remarks would be unravelled by a succinct narration of the factual background of this case, as hereunder:-

(2.) Evidently, the Tribunal has made such comments which are absolutely unwarranted and uncalled for, in the matter of disposal of the said Original Application. After making such unwarranted and unnecessary comments, the Tribunal held that the matter has to be dealt with as per law, i.e., the Railway Accidents and Untoward Incidents (Compensation) Rules, 1990 as amended in 1997 (hereinafter referred to as 'the Rules'). As noticed hereinbefore, this Court also directed the Tribunal only to consider the matter afresh in accordance with law. This fact was duly taken note of by the Tribunal as can be seen from paragraph 2 of the impugned judgment. Still in Paragraph 3 of the impugned judgment, the Tribunal held:-

(3.) At the very outset, we may say that it is ununderstandable as to how and why the Tribunal formed such an opinion that it had no option but to dispose of the case based only on the additional documents taken on record when the Tribunal itself correctly understood the direction in the judgment in M.F.A.No.132 of 2005 as a direction for fresh consideration of the application, in accordance with law. Needless to say that in such circumstances, the Tribunal was bound to consider the oral and documentary evidences tendered, at the first instance, based on which it passed the judgment which was interfered with by this Court in M.F.A.No.132 of 2005 besides the additional documents which were forwarded for its consideration, after affording an opportunity to the parties and in accordance with law. But at the same time, the appendix of the impugned judgment would make it appear that neither the applicant nor the respondent produced any documentary as also oral evidence before the Tribunal. In this context, it is also relevant to note that as per judgment dated 12-04-2005, which was challenged by filing M.F.A.No.132 of 2005, the Tribunal had earlier granted a compensation of Rs.1,60,000/- and the said amount was also ordered to carry interest at the rate of 6% from the date of its filing till realisation. But as per the impugned judgment, the Tribunal found that actually the appellant is entitled to only for a total compensation of Rs.1,12,000/-. Thereafter, the Tribunal made observations and comments in regard to the judgment of this court in M.F.A.No.132 of 2005 in and vide paragraph 6 of the impugned judgment and then ordered that its earlier order dated 12.4.2005 whereby Rs.1,60,000/- was granted as compensation, would stand. In other words, virtually, the Tribunal restored its earlier order/judgment dated 12.4.2005 that was set aside by this court in the appeal.