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1996 DIGILAW 1066 (SC)

Pran Singh Sethi v. Union of India

1996-05-02

S.C.SEN, S.P.BHARUCHA

body1996
ORDER : S.P. Bharucha, J. 1. Delay condoned. 2. Leave granted. 3. In 1988, the appellant filed an application before the Chandigarh Bench of the Central Administrative Tribunal. The application was admitted. On 23-6-1993, the appellant wrote to the Registrar of the Central Administrative Tribunal at Chandigarh stating that his counsel was out of India and his return was uncertain, therefore, he would himself appear to argue his application, the number whereof was given. He also furnished the address upon which notice of the date of hearing could be given to him. On 8-8-1993/24-8-1993, the appellant wrote to the Registrar in the same context. On 23-12-1994, the appellant wrote yet again to the Registrar asking to be informed of the date of hearing. On 24-12-1994, the appellant states, he made a personal enquiry and was informed that the application had been disposed of ex parte on 13-9-1994. The appellant filed a review application along with an application for condonation of a delay of 30 days. The same was refused. This appeal impugns the order by which the original application was rejected. The order states that the application was passed over, called out again during the afternoon session and that on both occasions, nobody had appeared for the appellant. 4. Having regard to the letters written by the appellant to the Registrar of the Bench of the Tribunal at Chandigarh, the appearance-in-person of the appellant ought to have been taken on record in the application and the appellant should have been informed of the next date of hearing therein. The consideration of the merits of the application in the absence of the appellant deserves, therefore, to be set aside. 5. The appeals are allowed. The judgment and order of the Tribunal dated 13-9-1994 is set aside. The application (OA No. 673-PB of 1988) is restored to the file of the Central Administrative Tribunal, Chandigarh Bench, to be heard and disposed of afresh on merits after the appearance of the appellant in person has been taken on record and after the appellant has been given intimation of the date of hearing thereof. 6. There shall be no order as to costs. Appeals allowed.