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2001 DIGILAW 426 (PAT)

Sri Prem Kumar Sharma v. Central Administrative Tribunal

2001-05-11

RAVI S.DHAVAN, SHASHANK KR.SINGH

body2001
Judgment 1. Petitioner Prem Kumar Sharma impugnes two decisions of the Central Administrative Tribunal one on the claim petition as it was originally filed and the other on the review application on the order which was given on merits. The claim petition was registered as O.A. no. 104 of the 1995: Prem Kumar Sharma vs. Union of India and others. The order is dated October 6, 1995, Annexure-1A. The review application was registered as R.A. no. 44 of 1995. The decision is dated October 25, 2000, Annexure-1. 2. The matter is about a departmental examination. The Honble Minister directed the railway establishment to look into the complaints which he had received that there was wrong marking by the examiners; there was lack of secrecy in processing the examination and the results of the examination. The examination had been set too liberally not in accordance with the departmental instructions. 3. Each aspect on the basis of which the results of the examination were recalled, was examined by the Central Administrative Tribunal (CAT). 4. In the circumstances, the complaint about the irregularities in the examination was examined in objectivity and the CAT also examined the matter objectively and found that, indeed, the examination and the consequential results were writ large with irregularities. The petitioner sought the review of the decision of the CAT. The Tribunal declined to review its decision. After the decision on the review application of the petitioner, the present writ application has been filed. 5. We have gone through both the decisions of the CAT on the claim petition and the review application. The court has also heard learned counsel for the petitioner. The High Court is unable to come to the conclusion that the decisions of the Tribunal suffer from any error so as to invoke a writ of certiorari for its correction. Dismissed.