K C BAJAJ Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS appeal is directed against the judgment/order dated 11. 11. 98 passed in S. B. Civil Writ Petition No. 5540/98 filed under Articles 226 and 227 of the Constitution of India. As the order under appeal is a short one. We reproduce the translated version of the said order as under:- 1. The learned counsel for the petitioner while challenging the order of R. C. S. A. T. Jaipur dated 8. 6. 98 has argued that seniority list cannot be issued in accordance with the judgment dated 3. 10. 96 of Hon'ble Supreme Court in Civil Appeal No. 14985/95 read with S. L. P. (C) No. 21784/96 and the order passed by Tribunal is in conformity with the order passed by the Apex Court. I considered the arguments of the learned counsel in the light of order dated 8. 6. 98. Sec. 5 of the R. C. S. A. T. Act, 1976 (which will be referred to as Tribunal) is as follows:- "5 (1) subject to any rules that may be made in this behalf, the tribunal shall follow such procedure as it may think. " A perusal of the section shows that tribunal has powers to prescribe procedure deemed fit by it for disposal of appeal. In rule 28 of the rules power of review of Ex-party orders has been given but if rule 28 is read with Sec. 5 the jurisdiction of the tribunal gets expanded. Under Sec. 6 powers have been given which are available to civil court for disposal of civil suits. It includes powers under Order 47. In such a situation the tribunal has powers to review it's earlier orders. Sec. 6 (1) is as given below:- "6 (1) The Tribunal shall, for the purpose of the disposal of the appeal under this Act, have the powers of a Civil Court while trying a suit under the Code of Civil Procedure, 1908. " Although powers under Sec. 6 have been limited but if it is read with Sec. 5 it can be inferred that the tribunal is free to adopt such procedure as deemed fit. I am of the definite view that the tribunal has not properly applied the Hon'ble Supreme Court judgment and this can be brought to notice of tribunal and all those arguments put forth before be in the writ petition can be included in the review petition to be filed before the tribunal. 3. In all those cases, where ex-party order/judgment is passed by the Hon'ble Tribunal or where any error is apparent of the face of record, in the interest of justice, the tribunal can review its order. 4. THIS writ petition is disposed of with these directions. "

(2.) THE correctness of the above judgment is questioned in this appeal.

(3.) THE State aggrieved against the said order preferred the writ petition No. 5804/98 before this court which was disposed of by the learned Single Judge with the directions that the tribunal can review its order since according to be learned Single Judge, the Tribunal has not properly applied the Hon'ble Supreme Court judgment which can also be brought to the notice of the Tribunal and all those arguments put forth before the learned Single Judge in the writ petition can also be included in the review petition to be filed before the Tribunal.