Central Administrative Tribunal - Kolkata
Pr Accountant General (G And Ssa) W B ... vs Bipul Das on 6 February, 2026
1 RA 4/2026, MA 614/2024, OA 240/2023
CENTRAL ADMINISTRATIVE TRIBUNAL
KOLKATA BENCH
KOLKATA
R.A. 350/00004/2026
M.A. 350/614/2024
O.A. 350/240/2023
DATE OF JUDGMENT: 06.02.2026
Coram: Hon'ble Smt. Urmita Datta (Sen), Judicial Member
Hon'ble Mr. Suchitto Kumar Das, Administrative Member
In the matter of :
1. Controller & Auditor General of India, 9,
DeenDayalUpadhyay Marg, New Delhi-
110 124.
2. Principal Accountant General (Audit-I)
erstwhile (General & Social Sector) West
Bengal, 2, Government Place (West),
Treasury Buildings, Kolkata-700 001.
3. Asstt. Comptroller & Auditor General
(N), Office of the Comptroller & Auditor
General of India, 9, DeenDayalUpadhyay
Marg, New Delhi-110 124.
4. Sr. Audit Officer (Admn-I), Office of the
Principal Accountant General (Audit-I)
West Bengal, 2, Government Place (West),
Treasury Buildings, Kolkata - 700 001.
...Applicants herein
VS.
1. Bipul Das son of BirendraNath Das,
aged about 50 years, at present residing
at 59, KalupukurKumopara, P.O. + P.S.
Digitally signed by Dhrubajyoti banerjee
DN: C=IN, O=Personal, T=4175, OID.2.5.4.65=1335885743022601584xv4l838ygvJ5Z, Phone=
90ed2697919465890397c0e615eece98d6903a5f70d28686aacddcc72088fbe2, PostalCode=713409, S=West Bengal,
Dhrubajyoti banerjee SERIALNUMBER=3c1d4e3f19f312d282cb79397110e181e5ebdbf76bd6fbc3fbfbb1822c0f4c19, CN=Dhrubajyoti
banerjee
Reason: I am the author of this document
Location:
Date: 2026.02.11 17:16:27+05'30'
Foxit PDF Reader Version: 2024.3.0
2 RA 4/2026, MA 614/2024, OA 240/2023
Chandannagar, District : Hooghly, Pin -
712 136.
2. Abhik Mukherjee, son of Samir Kumar
Mukherjee, aged about 37 years, at
present residing at Swagatam Apt. Flat -
F3, S.C. Rakshit Road, Barabazar, P.O. &
P.S. - Chandannagar, District : Hooghly,
Pin-712 136.
3. Sayanta Banerjee son of Sekhar
Banerjee, aged about 35 years, 79/1,
Jessore Road, Madhyamgram, P.O.
udayrajpur (E), Madhyamgram, Pin-700
129. P.S.
4. Avishek Das son of Amit Kumar Das,
aged about 34 years, at present residing
at 36D, BeniNandan Street, Kolkata 700
025.
5. Goutam Dutta, son of Rabin Dutta, aged
about 37 years, at present residing at Vill-
Duila (Koley Para), P.O. Duila, P.S.
Sankrail, Dist.-Howrah, Pin-711 302.
6. Bapan Biswas son of Late Haripada
Biswas, aged about 36 years, at present
residing at Vill. Choatia, P.O. Bhabanipur,
District: North 24-Parganas, Pin-743 270.
....Respondents herein
For The Applicant(s): Mr. S. Basu, Counsel
For The Respondent(s): Mr. C. Sinha, Counsel
O R D E R (IN CIRCULATION)
Per: Hon'ble Mr. Suchitto Kumar Das, Administrative Member
1. This RA has been filed against the order of the Tribunal on 06.01.2026 in M.A. No. 614 of 2024 filed by the applicants in O.A No. 240/2023 for execution of our order in O.A No. 240/2023.
Digitally signed by Dhrubajyoti banerjee
DN: C=IN, O=Personal, T=4175, OID.2.5.4.65=1335885743022601584xv4l838ygvJ5Z, Phone= 90ed2697919465890397c0e615eece98d6903a5f70d28686aacddcc72088fbe2, PostalCode=713409, S=West Bengal, Dhrubajyoti banerjee SERIALNUMBER=3c1d4e3f19f312d282cb79397110e181e5ebdbf76bd6fbc3fbfbb1822c0f4c19, CN=Dhrubajyoti banerjee Reason: I am the author of this document Location:
Date: 2026.02.11 17:16:27+05'30' Foxit PDF Reader Version: 2024.3.0 3 RA 4/2026, MA 614/2024, OA 240/2023
2. By our order dated 06.01.2026, it was made clear that the respondents' submission that the applicants' services as AAOs were regularised with effect from 12/04/2024 was not acceptable as it was not in accordance with our order dated 14.06.2023 in O.A No. 240/2023. Respondents have now filed this RA on the grounds that: (i) no specific date for the regularisation of applicants was mentioned in our order dated 14.06.2023 and (ii) Applicants were promoted in 2024 when the vacancies of AAOs became available.
3. These grounds were advanced at the time of hearing of M.A No. 614 of 2024 before our order dated 06.01.2026 was passed. No new facts or documents have been placed on record to justify a review of order dated 06.01.2026. We also do not find any evidence of error apparent on the face of record which could warrant a review of the order dated 06.01.2026.
4. Hon'ble Apex Court in R.A. (Crl.) No.453 of 2012 [Writ Petition (Crl.) 135 of 2008 - Kamlesh Verma vs. Mayawati and Ors. vide its judgment dated 8th August, 2013, held as under:-
(emphasis added) "13) In a review petition, it is not open to the Court to re-appreciate the evidence and reach a different conclusion, even if that is possible. Conclusion arrived at on appreciation of evidence cannot be assailed in a review petition unless it is shown that there is an error apparent on the face of the record or for some reason akin thereto. ..........
14) Review is not re-hearing of an original matter. The power of review cannot be confused with appellate power which enables a superior court to correct all errors committed by a subordinate court. A repetition of old and overruled argument is not enough to re-open concluded adjudications. ......
15) Review proceedings are not by way of an appeal and have to be strictly confined to the scope and ambit of Order XLVII Rule 1 of CPC. In review jurisdiction, mere disagreement with the view of the judgment cannot be the ground for invoking the same. As long as the point is already dealt with and answered, the parties are not entitled to challenge the impugned judgment in the guise that an alternative view is possible under the review jurisdiction."
5. In view of the settled proposition of law as quoted above, we do not find merit in the R.A. Digitally signed by Dhrubajyoti banerjee DN: C=IN, O=Personal, T=4175, OID.2.5.4.65=1335885743022601584xv4l838ygvJ5Z, Phone= 90ed2697919465890397c0e615eece98d6903a5f70d28686aacddcc72088fbe2, PostalCode=713409, S=West Bengal, Dhrubajyoti banerjee SERIALNUMBER=3c1d4e3f19f312d282cb79397110e181e5ebdbf76bd6fbc3fbfbb1822c0f4c19, CN=Dhrubajyoti banerjee Reason: I am the author of this document Location:
Date: 2026.02.11 17:16:27+05'30' Foxit PDF Reader Version: 2024.3.0 4 RA 4/2026, MA 614/2024, OA 240/2023
6. RA is accordingly dismissed.
(Suchitto Kumar Das) (Urmita Datta (Sen))
Member (A) Member (J)
DB
Digitally signed by Dhrubajyoti banerjee
DN: C=IN, O=Personal, T=4175, OID.2.5.4.65=1335885743022601584xv4l838ygvJ5Z, Phone= 90ed2697919465890397c0e615eece98d6903a5f70d28686aacddcc72088fbe2, PostalCode=713409, S=West Bengal, Dhrubajyoti banerjee SERIALNUMBER=3c1d4e3f19f312d282cb79397110e181e5ebdbf76bd6fbc3fbfbb1822c0f4c19, CN=Dhrubajyoti banerjee Reason: I am the author of this document Location:
Date: 2026.02.11 17:16:27+05'30' Foxit PDF Reader Version: 2024.3.0