Review Application Chandigarh Central Administrative Tribunal

Last Updated on August 4, 2021 by Satish Mishra

The post talks about Review Application Chandigarh Central Administrative Tribunal in line with case of Shiva Kant Jha v. UOI.

CAT REVIEW ACCOUNT GENERAL PUNJAB

RAJE RAM LAMBA v. UNION OF INDIA & ANR.

In this post, the topic is discussion is related to a review application that was filed by the applicant to review the order dated 21.12.2018. The petition was filed before the Central Administrative Tribunal, Chandigarh Bench, where the along with the review application, another application was moved by the applicants, condoning the delay of 352 days in filing the review application.

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APPLICANT/ RESPONDENT IN RA:

Raje Ram Lamba S/o Sh. Bisakhi Ram, aged 64 years, H. No. 124, InderPersth Colony, Opposite New Tehsil Office, Uklana, Distt: Hisar – Haryana-125 001

RESPONDENTS/ REVIEW APPLICANTS:

Union of India through Comptroller and Auditor General of India, Pocket No. 9, DeenDayalUpadhayay Marg, New Delhi – 110 001.
Accountant General (A & E), Punjab, Plot No. 21, Sector 17-E, Chandigarh.

QUORAM:

Hon’ble Mr. Sanjeev Kaushik, Member (J)

Hon’ble Mr. Mohd. Jamshed, Member (A)

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FACTS:

The RA (Review Application), filed by the applicant/ respondent, in OA (Original Application) to review the order dated 21.12.2018. The OA was disposed of after hearing the learned counsel of the parties. The order passed was based on the judgement pronounced by this court and upheld by the High Court as well as the Supreme Court, which was the case UOI & Ors v. Mohan Lal Gupta & Anr. The court followed the judgement and allowed the case for medical reimbursement under C.S. (MA) Rules, 1944. The respondent had challenged the order before the High Court but the same was withdrawn to file a RA before the Tribunal. The review applicant along with the RA, also moved an application for condonation of delay of 352 days in filing the RA.

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DECISION OF THE COURT:

The court was of the opinion that it has no reason to condone the huge delay of 352 days. It held that the plea of referring the matter to the Headquarters was not a sufficient ground to ignore the delay in a matter where a poor retired employee is seeking reimbursement of his medical claim before the court. Additionally, the grounds for raising the review petition by the applicant are available to him at the time of arguing. However, by raising the present review petition by the applicant to re-argue the entire matter fresh is not within the scope of revision. The issue has already been discussed by the Supreme Court in the case of Shiva Kant Jha v. UOI.

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The OA was disposed keeping in mind the law laid down by this bench and upheld by the High Court. The applicant has failed to satisfy the delay in the RA, hence the present MA as well as the RA stands dismissed.

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For case specific advice, please contact Central Administrative Tribunal Chandigarh Lawyers Advocates dealing in service matters of central government in Chandigarh Panchkula Mohali Kharar Zirakpur (Punjab & Haryana Top Expert Service Lawyers of High Court Chandigarh).