Review Application CAT Chandigarh Bench
Review Application usually is filed under Rule 22(3)(f) read with Rules 17 of CAT (Procedure) Rules, 1987 seeking review of the final order passed in Original Application before CENTRAL ADMINISTRATIVE TRIBUNAL CHANDIGARH BENCH.
In routine, the order under review is disposed of after hearing the learned counsel of both sides and after perusal of the pleadings of the respective parties only.
An error which is not self-evident and which can be discovered by a long process of reasoning, cannot be treated as an error apparent on the face of record justifying exercise of power under Section 22(3)(f).
Hon'ble Supreme Court in the matters of State of West Bengal and others Vs. Kamal Sengupta and another, (2008)2 SCC (L&S) 735 scanned various earlier judgments and summarized the principle laid down therein, which reads thus:
“35. The principles which can be culled out from the above-noted judgments are:
(i) The power of the Tribunal to review its order/decision under Section 22(3)(f) of the Act is akin/ analogous to the power of a civil court under Section 114 read with Order 47 Rule 1 CPC.
(ii) The Tribunal can review its decision on either of the grounds enumerated in Order 47 Rule 1 CPC. (iii) The expression “any other sufficient reason” appearing in Order 47 Rule 1 has to be interpreted in the light of other specified grounds.
(iv) An error which is not self-evident and which can be discovered by a long process of reasoning, cannot be treated as an error apparent on the face of record justifying exercise of power under Section 22(3)(f).
(v) An erroneous order/ decision cannot be corrected in the guise of exercise of power of review.
(vi) A decision/order cannot be reviewed under Section 22(3)(f) on the basis of subsequent decision/judgment of a coordinate or larger Bench of the tribunal or of a superior court.
(vii) While considering an application for review, the tribunal must confine its adjudication with reference to material which was available at the time of initial decision. The happening of some subsequent event or development cannot be taken note of for declaring the initial order/decision as vitiated by an error apparent.
(viii) Mere discovery of new or important matter or evidence is not sufficient ground for review. The party seeking review has also to show that such matter or evidence was not within its knowledge and even after the exercise of due diligence, the same could not be produced before the court/tribunal earlier.”
When no error apparent on the face of record is pointed out or established, the present Review Application is found to be misconceived and is liable to be dismissed.
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