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Central Administrative Tribunal - Delhi

Union Of India & Ors vs George F Milton on 30 May, 2022

                                  1

                                                        R.A. No. 20/2020
                                                                       in
                                                       O.A. No. 3395/2016

Item No. 82



               Central Administrative Tribunal
                 Principal Bench, New Delhi
                           R.A. No. 20/2020
                                  In
                          O.A. No. 3395/2016

                      This the 30th day of May, 2022

                Hon'ble Mr. R N Singh, Member (J)
              Hon'ble Mr. Tarun Shridhar, Member (A)


       1. Union of India,
          Through the Secretary,
          Ministry of Health & Family Welfare,
          (Deptt. of Health),
          Nirman Bhawan, New Delhi.

       2. The Director General of Health Services,
          Ministry of Health & Family Welfare,
          (Deptt. of Health),
          Nirman Bhawan, New Delhi.

       3. The Medical Superintendent,
          Dr. Ram Manohar Lohia Hospital,
          New Delhi.
                                                         ...Applicants

       (Mr. J.P. Tiwari, Advocate)


                                      Versus


       George F. Milton,
       S/o Late Shri P.K. Milton,
       R/o Flat No. 4102,
       Sapna Ghar Society,
       Plot No. 6-B, Sector - 11, Dwarka,
       New Delhi - 110065.
                                                       ...Respondent

       (Mr. Vishwendra Verma and Mr. Aniket Gupta, Advocates)
                                    2

                                                         R.A. No. 20/2020
                                                                        in
                                                        O.A. No. 3395/2016

Item No. 82


                         O R D E R (ORAL)

Mr. Tarun Shridhar:

The present Review Application has been filed seeking review of the order dated 05.02.2018 passed in O.A. No. 3395/2016 by the Union of India, who was the respondent in the aforesaid O.A. Initially, the Union of India had assailed the order of this Tribunal in the Hon'ble High Court of Delhi. However, the same was withdrawn by obtaining the liberty to file the present Review Application.

2. Bare reading of the contents of the Review Application indicate that the review applicants by virtue of this application have sought to re-open the entire gamut of the issues which have been settled while deciding the Original Application. The review applicants seek a re-adjudication of the issues in that O.A. on their merits. It is a well settled law that the scope of review is extremely limited and is to be resorted to only if there is any repentant miscarriage of justice or an apparent error of facts. None of the conditions are met in this case.

3. Moreover, we are inclined to opine that by way of the present Review Application, the respondents in the O.A. are perhaps trying to buy time to implement the directions of 3 R.A. No. 20/2020 in O.A. No. 3395/2016 Item No. 82 this Tribunal passed in the aforesaid O.A. We are of the considered view that this Review Application is misplaced and it is accordingly dismissed.

       ( Tarun Shridhar )                        ( R N Singh )
          Member (A)                              Member (J)

       /deeksha/