UNION OF INDIA Vs. K A RAHMAN

JUDGEMENT

(1.) By this petition the Petitioner Union of India challenges the order passed by the Central Administrative Tribunal dated 26th April, 2000 in Original Application No. 695 of 1994. By that order the Central Administrative Tribunal has set aside the order dated 9th July, 1993 and had issued certain directions. The facts that are relevant for deciding this petition are that the Respondent had filed Transfer Application No.37 of 1988 before the Central Administrative Tribunal at Ahmedabad. That application was decided by order dated 28th April, 1989. The operative part of the order reads as under :

(2.) It is, thus, clear from the prayers quoted above that the Petitioner was seeking implementation or execution of the order of the Ahmedabad Tribunal dated 24th April, 1989 and he was also seeking setting aside the order dated 9th July, 1993 because according to him that order was contrary to the order of Ahmedabad Tribunal dated 24th April, 1989. O.A.No.695 of 1994 was decided by the Tribunal at Mumbai by its order dated 26th April, 2000. The Tribunal has by that order allowed the O.A. and set aside the promotion given to the Respondent by order dated 9th July, 1993. Operative part of the order reads as under :

(3.) The learned counsel appearing for the Petitioner-Union of India submits that if at all the petitioner had any grievance about the order dated 9th July, 1993, he could have challenged the said order in the Contempt Petition pending before the Ahmedabad Tribunal. The Ahmedabad Tribunal did not grant liberty to the applicant to approach the Tribunal by filing Original Application challenging the promotion order. The liberty that was granted was for approaching the Government for any additional amount and the Tribunal for payment of interest. There is no liberty granted for approaching the Tribunal to challenge the promotion order. It was also submitted that the Petitioner has implemented the earlier order passed by the Tribunal. If according to the applicant, the order of the Tribunal was not implemented the remedy available to him is to approach the Ahmedabad Tribunal.