Central Administrative Tribunal - Delhi
Upsc vs S.K. Chowdhary on 3 December, 2009
Central Administrative Tribunal Principal Bench RA No.198/2009 In RA No.113/2009 In OA No.2458/2008 New Delhi this the 3rd day of December, 2009. Honble Mr. Shanker Raju, Member (J) Honble Dr. Veena Chhotray, Member (A) UPSC, through Secretary, Dholpur House, Shahjahan Road, New Delhi-110 003. -Applicant (By Advocate Ms. Alka Sharma) -Versus- S.K. Chowdhary, S/o Shri Sant Ram Chaudhary, R/o B-122, Mahendru Enclave, Opp. Model Town III, Delhi-110 033 & 3 others. -Respondents (By Advocate Shri S.K. Gupta) O R D E R Honble Mr. Shanker Raju, Member (J):
This RA has been filed by the Union Public Service Commission against order dated 1.7.2009 in OA No.2458/2008. A similar RA No.113/2009, filed by the applicant in OA, was allowed on 17.8.2009 by deleting paragraph-11 of the order dated 1.7.2009.
2. Applicants counsel Ms. Alka Sharma relying upon plethora of decisions states that in paragraph-7 of the order the following observation is on an inadvertent error:
Learned counsel would contend that this factual position regarding panel year and non-existence of any disciplinary proceedings or suspension had not been intimated to them by the Govt. of NCT.
3. Learned counsel states that they have been apprised of the same and on the same assumption further observations made by the Tribunal in paragraphs 12 and 13 are liable to be set aside.
4. On the other hand, learned counsel of respondents would oppose deletion of the above lines from paragraph-7 but in view of the observations and conclusion drawn by the Tribunal in paragraphs 12 and 13 it is stated that an error in law cannot be a subject matter of review.
5. On careful consideration of the rival contentions of the parties, insofar as the above lines in paragraph-7 are concerned, are on the basis of an inadvertent error apparent on the face of record and need to be deleted from the order but rest of the order, which has taken into consideration the position of law and conclusion arrived at even if be erroneous, has no connection with the observations made in paragraph-7 and cannot be a subject matter of review in terms of Section 22 (3) (f) of the Administrative Tribunals Act, 1985. Accordingly, this RA is allowed to the extent that the portion from Learned Counsel . till Govt. of NCT shall be deleted from paragraph-7 of order dated 1.7.2009. Registry is directed to carry out the aforesaid correction in the original order and issue a copy of the modified order to both the parties.
(Dr. Veena Chhotray) (Shanker Raju)
Member (A) Member (J)
San.