Tax Management India. Com
Law and Practice  :  Digital eBook
Research is most exciting & rewarding
  TMI - Tax Management India. Com
Follow us:
  Facebook   Twitter   Linkedin   Telegram

Home Case Index All Cases Indian Laws Indian Laws + SC Indian Laws - 1997 (7) TMI SC This

  • Login
  • Referred In
  • Summary

Forgot password       New User/ Regiser

⇒ Register to get Live Demo



 

1997 (7) TMI 671 - SC - Indian Laws

Issues Involved:
The issue in this case is whether the application filed under Section 19 of the Administrative Tribunals Act, 1985 could be rejected by the Central Administrative Tribunal as not maintainable.

Summary:
The case involved employees working in the western zone of the Chief Controller of Imports and Exports, where promotions were based on seniority and selection criteria. A policy was adopted for seeking options for transfer upon promotion, affecting seniority. A Civil Application was filed before the Gujarat High Court, transferred to the Central Administrative Tribunal, challenging promotions made on the basis of options. The Tribunal held that affected officers could only file review petitions, not fresh applications under Section 19 of the Act. The appellants challenged the seniority list prepared based on the Tribunal's decision, seeking remedy for their affected rights. The Tribunal rejected their application, citing the need for review petitions instead. The Supreme Court emphasized the benefits of the Doctrine of Precedent, requiring the Tribunal to consider earlier decisions as precedents. The Court set aside the Tribunal's order and remanded the case for a decision on merits within three months.

In conclusion, the Supreme Court allowed the appeal, setting aside the Tribunal's order and directing a decision on the merits within a specified timeframe.

 

 

 

 

Quick Updates:Latest Updates