Respondents not appearing and filling their reply to review
yogesh thaware
(Querist) 24 November 2017
This query is : Resolved
I had filed an original application against my transfer order in Central administrative tribunal Bombay in April 2017.The central administrative tribunal stayed my transfer order with following observations by tribunal judges �From the perusal of all records it is apparent that there has been a degree of arbitrariness and discrimination in issuing the transfer order to the applicant. In view of this the respondents are directed not to relieve the applicant till the reply filed by the respondents is considered by this tribunal and decision is taken on the continuance of Ad-interim/interim orders.�After filling the reply and a miscellaneous application by the respondents the Tribunal continued my Interim relief and gave next date of hearing. The respondents then filed a writ petition in Bombay high court challenging this interim relief granted by the tribunal. The Bombay high court refused to intervene or pass any kind of order against this interim relief granted by tribunal and dismissed respondents writ petition within eight days after it was filed. The Bombay high court learned judges did not find any substantial reason to intervene and gave a little dressing down to the respondent�s lawyer. The following were the observations by Bombay high court in its order �we are not inclined to interfere or intervene at this stage however we are inclined to direct the tribunal to dispose off this matter within six weeks from the date of communication of this order. The tribunal continued my interim relief after Bombay high court order was duly communicated by my lawyer. The respondents simply refused to comply with the tribunal order and somehow managed to get my original application dismissed in August 2017 (five months after the interim relief was given by tribunal).To my utter shock and dismay there were some glaring and fatal errors in the judgment order (errors of facts as well as errors of law).with the dismissal of my original application the interim relief given by tribunal stood vacated (five months after it was granted) and therefore I decided to join my new transferred posted station with certain condition and protest as legal protection was no longer there for me. After thoroughly examining the judgment order of Tribunal .I and my lawyer then decided to file a review petition in the tribunal on the following grounds:-
1) Errors apparent on the face of record.
2) New important piece of evidence has been discovered and applicant could not file it inspite of due diligence and care on his part.
The review petition was admitted by the tribunal and a notice to that effect was issued to the respondents to file reply within four weeks after notice receipt. However the respondents taking the advantage of system loopholes did not respond through any reply nor their lawyer appeared on the fixed date of hearing (30/10/17).The tribunal judge gave a further date of hearing in the month of December 2017.The petition prepared by me and my lawyer is so watertight that the respondents do have any reply to file and I suspect that with no strict provision in law to punish or penalize the respondents for non appearance (unless the tribunal judge takes a strong cognizance of this disobedience) the respondents may very cleverly take an advantage and skip tribunal hearings. Although me and my lawyer have an option of filing a mandamus and certiorari petition in high court I would like to have a more clear opinion from all the experts so as to make the respondents appear and file their reply and compel the tribunal to make respondents to obey its orders and dispose off this review petition at the earliest. The respondents are the employees of public sector undertaking (Bharat Sanchar Nigam Ltd)
P. Venu
(Expert) 25 November 2017
The CAT can decide the Review Application even in the absence of a reply from the respondents. Your advocate request the Tribunal.
Dr J C Vashista
(Expert) 26 November 2017
You should have faith in your lawyer who is well acquainted with facts of the case, competent and intelligent enough to sail you through without asking/seeking/taking a second opinion on this platform despite the fact it is available FREE OF COST to all needy litigants.
