Central Administrative Tribunal - Delhi
Sh. Harpal Singh Dhiman vs Govt. Of Nct Of Delhi : Through on 19 April, 2010
Central Administrative Tribunal Principal Bench RA No.88/2010 in OA No.3034/2009 New Delhi, this the 19th day of April, 2010 Honble Dr. Ramesh Chandra Panda, Member (A) Honble Dr. Dharam Paul Sharma, Member (J)\ Sh. Harpal Singh Dhiman S/o Shri Sah Dev Ram Dhiman Ex. PGT (Painting) N.P. Girls Sr. Secondary School Gole Market New Delhi R/o 712 Krishna Apartment Sector-9, Dwarka. Review Applicant. Versus Govt. of NCT of Delhi : Through Lt. Governor Govt. of NCT of Delhi Rajpur Road, Delhi. Secretary, New Delhi Municipal Council, Palika Kendra New Delhi. . Review Respondents. : O R D E R (IN CIRCULATION) : Dr. Ramesh Chandra Panda, Member (A) :
The Review Applicant has filed this Review Application for reviewing the order dated 23.02.2010 passed by this Tribunal in OA No.3034/2009. In the RA, the Applicant has raised the same issue of automatic reemployment till the attainment of 62 years of age. In support of the said issue he has advanced same/similar arguments and grounds as raised in the OA. The Review Applicant has cited some judgements.
2. After the examination of the Review Application, we do not find any point raised on the errors in fact or in law in our orders passed in the OA No.3034 of 2009. We could not find any reason in the whole judgment as to how the review was justified and for what reasons. No apparent error on the face of the record was noticed by us. The settled legal position is that this Tribunal cannot sit on appeal on its own order. We find from the Applicants averments in the Review Application the grounds for review have not shown any error apparent in the order but pleaded the same/similar grounds which were presented before us during the hearing in the OA. Our views are fortified by the judgment of Honourable Supreme Court in Union of India Versus Tarit Mohan Das (2003 STPL (L&E) 32747 SC) decided on 8-10-2003 and Gopal Singh Versus State Cadre Forest Officers Association [2007 STPL(LE) 38452 SC].
3. Taking into account the well settled legal position and the grounds averred by the Review Applicant, we do not find any error apparent in the order dated 23.02.2010 passed by us in OA No.3034/2009. In our considered view there is no justification to review the said order. Finding no merits, the RA is dismissed in circulation. There is no order as to cost in respect of this Review Application.
(Dr. Dharam Paul Sharma) (Dr. Ramesh Chandra Panda)
Member (J) Member (A)
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