9911796707
TMI Blog1998 (4) TMI 550X X X X Extracts X X X X X X X X Extracts X X X X ..... g to the respondents, only Deputy Superintendents of Police in the Orissa Police force were eligible for promotion to the I.P.S. cadre. The appellant filed a writ petition in the Orissa High Court in 1982 praying for a writ of mandamus to consider him for promotion to the I.P.S. cadre. The Central Administrative Tribunal, Cuttack Bench, to which his petition was transferred after coming into force of the Administrative Tribunals Act, 1985, held that the post of Deputy Superintendent of Police and Assistant Commandant of the Orissa Military Police constituted a single cadre prior to 5th of November, 1980. His application was, therefore, allowed by the Central Administrative Tribunal by its judgment and order dated 24.12.1991. The Tribunal gave a direction that his case should be considered for promotion with effect from 1.1.1997 in respect of each year beginning therefrom till January 1980. After 4th of November, 1980, the appellant, if the is not promoted earlier, does not deserve further consideration because the post of Assistant Commandant was bifurcated into a separate cadre with effect from 5.11.1980. In the appellant s said application before the Tribunal which was re-nu ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... apparent on the face of the record. The Tribunal has held that the two cadres of Deputy Superintendent of Police and Assistant Commandant of Orissa Military Police are separate cadres from inception and that Assistant Commandants are not eligible for promotion to the Indian Police Service, The Tribunal has thereupon dismissed the application of the appellant, Gopabandhu Biswal, in T.A.No. 1/89. It has also dismissed the three pending applications bearing O.A. Nos. 276, 277 and 278 of 1993. The present appeals are filed from the impugned judgment of the Tribunal in the two review petitions as well as the three O.As. Was the Tribunal entitled to review its earlier judgment dated 24.12.1991 in T.A.No. 1/89? Section 22(3) of the Administrative tribunals Act, 1985 confers on an Administrative Tribunal discharging its functions under the Act, the same powers as are vested in a civil court under the Code of Civil Procedure while trying a suit in respect, inter alia, of reviewing its decisions. Section 22(3) (f) is as follows: Section 22(3) (f): A Tribunal shall have, for the purpose of discharging its functions under this Act, the same powers as are vested in a civil court ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed and rejected, the party cannot go back to the Tribunal to apply for review. In the case of State of Maharashtra Anr. v. Prabhakar Bhikaji Ingle ([1993] 3 S.C.C. 463) this Court held that when a special leave petition from the order of the Tribunal was dismissed by a non-speaking order, the main order was confirmed by the Supreme Court. Thereafter the power of review cannot be exercised by the tribunal. The Court said that the exercise of power of review by the Tribunal in such circumstances would be deleterious to judicial discipline . Once the Supreme Court has confirmed the order passed by the Tribunal, that becomes final. In Sree Narayana Dharmasanghom Trust v. Swami Prakasananda Ors. ([1997] 6. S.C.C. 78) the above decision was reaffirmed. This Court held that after an order of this Court dismissing the S.L.P. in limine from a judgment of the High Court, the High Court cannot review it. The Court followed the earlier judgment in State of Maharashtra Anr. v. Prabhakar Bhikaji Ingle (supra). In the case of K. Ajit Babu Ors. v. Union of India Ors. ([1997] 6 S.C.C. 47) to which one of us was party, this Court examined Section 22(3) (f) of the Adm ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... f an order of this Court, set aside in review. There is no doubt that as between the parties to the main judgment, the judgment is final and binding. The respondents, State of Orissa and Union of India, are, therefore, bound to give effect to the judgment of the Tribunal in T.A.No. 1 of 1989 in the case of Gopabandhu Biswal. If this is so, can a third party by filing a review petition get that same judgment reviewed and obtain an order that Gopabandhu Biswal is not entitled to the benefits of the directions contained in the main judgment since that judgment is now set aside? In our view this wi wholly impermissible. It will lead to re-opening a matter which has attained finality by virtue of an order of this Court. The applicants, even if they are persons aggrieved, do not have, in the present case, a right of review under any part of Order 47 Rule 1. Even under Order 47 Rule 1(2), the party not appealing from a decree or order can apply for review only on grounds other than the grounds of appeal which were before the appellate court, and during the pendency of the appeal. In the present case all the grounds which were urged in review were, in fact, urged before the Tribunal at the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... include the applicants in the review applications in the category of persons aggrieved . The main applicant i.e. the present appellant-Biswal had joined as party respondents all those persons who had superseded him for selection to the Indian Police Service Since they would be persons affected in case he succeeded in his application. The Tribunal had directed that Biswal be considered for promotion between 1977 and 1980 and not thereafter. During this period, the two applicants in review application No. 16 of 1993 were nowhere within the zone of consideration for promotion to I.P.S. One of the applicants joined the police service only in 1974 and was not eligible for further promotion till 1982. The other applicant, though eligible for promotion, was on account of his rank in the seniority list, not within the zone of consideration at any time prior to 5.11.1980. As a matter of fact the two applicants in review application No. 16 of 1993 were selected for promotion to I.P.S. only in 1993 when they were included in the select list of 1993. Therefore, they could not have been made parties in T.A. No. 1 of 1989. At that point of time, these applicants had only a chance of promotion ..... X X X X Extracts X X X X X X X X Extracts X X X X
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