Challenging cat judgement in high court
yogesh thaware
(Querist) 06 August 2017
This query is : Resolved
Recently My Original application (service matter) filed with Central administrative tribunal Bombay was dismissed. I wish to challenge this CAT judgement in high court. However my lawyer is suggesting that I should file a review petition in CAT bench (which delivered this judgement) and then challenge it in high court. I would request the legal experts to kindly answer my following queries.
1) Is it a mandatory technical requirement to file a review petition in CAT before challenging the judgement in high court?
2) If I directly challenge this CAT judgement in high court will the high court ask me to go back to CAT bench for review before admitting my petition?
Ms.Usha Kapoor
(Expert) 06 August 2017
In the following 3 cases review petition may be filed.necified in (1) and (2).
Their Lordships observed in Chajju Ram’s case that the Code contemplates procedure by way of review by the court which has already given judgment as being different from that by way of appeal to a court of appeal. The three cases in which alone mere review is permitted are those of a new material overlooked by excusable misfortune, mistake or error apparent on the face of the record, or any other sufficient reason.
The phrase “any other sufficient reason” means a reason at least analogous to those specified in the rule immediately previously, namely, excusable failure to bring to the notice of the court new and important matter or evidence or mistake or error apparent on the face of the record.In all other cases straight away you can challenge CAT decision in Highcourt by way of appeal
Ms.Usha Kapoor
(Expert) 06 August 2017
If you APPRECIATE THE ABOVE ANSWER PLEASE CLICK THE LIKE BUTTON.
P. Venu
(Expert) 06 August 2017
A Review Petition lies only if there is an error apparent on the face of the record. The petition is placed before the same Bench and in almost all cases, rejected at the admission stage itself. What is the point on which your lawyer suggests review?
You can approach the High Court through a Writ of Certiorari; here too, the WP lies only if there is an irregularity or illegality.
yogesh thaware
(Querist) 06 August 2017
Thanks for your valuable comments and suggestions.
Dr J C Vashista
(Expert) 07 August 2017
Very well explained and advised by expert Mr. P Venu, I agree and appreciate.
Reply to both the questions is negative.
