LAWS(GJH)-2006-9-90

UNION OF INDIA Vs. A P SRIVASTAVA

Decided On September 04, 2006
UNION OF INDIA Appellant
V/S
A P Srivastava Respondents

JUDGEMENT

(1.) The respondent who is hereinafter referred to as applicant had approached the Central Administrative Tribunal, Ahmedabad Bench, Ahmedabad ( for short "the Tribunal") by way of O.A. no.673/2004 and prayed that the DPC has wrongly not considered his case, and therefore, the authority be directed to consider his case. After hearing the applicant and the opponents-present petitioners, the learned Tribunal by its impugned order dated 30th March, 2005 allowed the application with a direction to the Chairman, CBDT to review the ACR of the applicant within one month from the date of receipt of the order and as a result of such review, fresh meeting of DPC be convened to review its own decision regarding the promotion of the applicant within three months thereafter.

(2.) Review Application no.43/2005 was filed by the opponents-present petitioners before the learned Tribunal against the aforesaid judgment and order passed by the learned Tribunal which was barred by the period of limitation, and therefore,an application for condonation of delay was filed i.e. M.A. no.469/2005. However, the learned Tribunal by its impugned judgment and order dated 29-8-2005 dismissed the application for condonation of delay, and thereby, dismissed the review application on the ground of delay and laches. Thereafter, the learned Tribunal considered the review application on merits and dismissed the same on merits as well by its impugned order dated 29-8-2005. Hence, this petition.

(3.) Ms. Bhatt for the petitioners submitted that sufficient cause was shown for condoning the delay, but the learned Tribunal wrongly rejected the application for condonation of delay in filing the review application. She further submitted that having dismissed the application for condonation of delay, it was not open to the learned Tribunal to go into the merits of the case and reject the review application on merits by circulation without giving an opportunity of hearing to them.