Supreme Court of India
Union Of India (Uoi) And Anr. vs Ashwani Kumar on 5 July, 1993
Equivalent citations: (1994)ILLJ677SC, (1993)4SCC48, AIRONLINE 1993 SC 544
Author: N.P. Singh
Bench: N.P. Singh
ORDER N.P. Singh, J.
1. Delay condoned.
2. Appearing on behalf of Union of India, the learned Additional Solicitor General took a stand that the Central Administrative Tribunal, has committed an error when it said in the impugned order that ad hoc promotion to the post of Personnel Inspector on August 22, 1985, was given to the respondent on the basis of seniority-cum-suitability. According to the petitioners promotion given to the respondent, was just ad hoc and without consideration of seniority- cum-suitability. This was refuted on behalf of the respondent.
3. It is well known that when any objection is taken before this Court in respect of any error in the order of the High Court or the Tribunal, it is only proper to bring that error to the notice of the High Court or the Tribunal by filing a review application.
4. It will be open to the petitioners to file a fresh application before the Tribunal within a period of two weeks from today and bring to the notice of the Tribunal all relevant material for consideration as to whether on August 22, 1985, the ad hoc promotion given to the respondent, was after consideration of seniority-cum-suitability. That application should not be dismissed on the ground of limitation. Till the application, so filed on behalf of the petitioners is ; disposed of, no further steps should be taken in the contempt petition.
5. The special leave petition is disposed of.