(ORAL) :
MA No.2496/2012
This MA is filed for condonation of delay in filing the review application. For the reasons given in the application, the same is allowed. The delay of some days in filing the RA is condoned.
RA No.269/2012
2. The present review application has been moved by the respondents in OA No.1693/2012 seeking to recall the order dated 17.05.2012 passed in the aforesaid OA. The grounds taken by the review applicants are mainly based on the following averments: the original applicant has not come to the Tribunal with clean hands as certain material facts relevant for adjudication of the case has been concealed and not brought to the notice of the Tribunal while passing the order dated 17.05.2012.
3. Notice in the RA was issued to the original applicant on 13.09.2012. It is noted that service is complete. Despite the completion of service, none has appeared on behalf of the review respondents. However, Shri R. N. Singh, Senior Central Government counsel for the review applicants is present.
4. Shri Singh submitted that the applicants in the OA were appointed against the vacancies allotted to the CE, Northern Command and have accepted the said appointments unconditionally. Thus, the CE, Northern Command happens to be parent Command in their case and posting in the said Command cannot be termed as a tenure posting. Further, he submitted that the applicants were appointed under DCRE Scheme and had given undertaking to serve anywhere in India. In view of these two material facts, the directions of the Tribunal dated 17.05.2012 to the respondents at the admission stage itself without putting the respondents under notice, Tribunal committed error apparent in the order. He urges to allow the RA.
5. Having heard Shri R. N. Singh, learned counsel for the review applicants and noting the grounds taken by the review applicants in the RA, I find that the order passed on 17.05.2012 in OA No.1693/2012 at the admission stage has not taken into account certain material facts which have been brought now in the RA. As the OA was decided at the admission stage, the review applicants were, admittedly, not put to notice. Thus, the directions to the respondents in the said order having not taken into account the relevant material facts and without taking the reply affidavit of the respondents for consideration, the order has suffered from non availability of material facts in adjudicating the case. Therefore, in the interest of justice, it is just and proper to recall the order dated 17.05.2012 passed in OA No.1693/2012 and restore the OA to its original number. I order accordingly.
6. In the result, the Review Application is allowed. OA No.1693/2012 is restored to its original number. Let a copy of this order be placed in the file of Contempt Petition No.556/2012.
MA No.2495/2012
7. In view of the above orders passed in RA No.269/2012 recalling the order dated 17.05.2012 passed in OA No.1693/2012, this MA has become infructuous.
OA No.1693/2012
8. Let the OA be listed on 17.10.2012.