Union of India and Others vs Central Administrative Tribunal and Others

Hemant Gupta, J.—The challenge in the present writ petition is to an order passed by the Central Administrative Tribunal, Chandigarh Bench, Chandigarh (for short ''the Tribunal'') on 31.05.2013 whereby the original application was disposed of with direction to competent authority to take a decision within 3 months and after considering the earlier orders passed by the Tribunal in the case of Balwinder Singh Matharoo and others Vs. Union of India and another, O.A. No. 338/PB/2012 decided on 03.08.2012. The petitioner has earlier filed a review petition which has also been dismissed on 29.10.2013.

The sole ground to challenge the order is that no notice was issued to the Department and on the basis of notice issued to the Standing Counsel, the order has been passed.

We do not find that such an argument can be permitted to be raised by the petitioner. The counsel who had put in appearance is a Senior Central Government Standing Counsel. The order has been passed on the basis of his consent given to the Tribunal. The order of Tribunal is only to take a final decision and in the light of the earlier order passed by the Tribunal in Balwinder Singh Matharoo''s case (supra).

We do not find that the order of Tribunal is in anyway prejudicial to the interest of the petitioner. We find that the proceedings initially initiated for review of the order and the present writ petition are in fact gross abuse of process of law.

The writ petition is thus dismissed with costs of Rs. 5000/-.