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2013 DIGILAW 923 (ALL)

Arun Kumar v. State of U. P. Through Principal Secy.

2013-03-20

DEVI PRASAD SINGH, ZAKI ULLAH KHAN

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JUDGMENT Heard learned counsel for the petitioner and the learned standing counsel. 2. This is a review application against the judgment and order dated 13.9.2000 passed by a Division bench. The Division Bench declined to interfere with the order passed by the U.P. Public Service Tribunal on the ground that the Court cannot substitute its own opinion over the finding of the Tribunal. 3. Petitioner's counsel relied upon the cases reported in (2007) UPLBEC 1753 (SC): A.V. Papayya Sastry and others. Vs. Government of A.P. and others; 2009 (1) AWC 358 : Oriental Insurance Co. Ltd. Vs. Motor Accident Claims Tribunal and others; 2000 (2) AWC (SC) 1349: United India Insurance Co. Ltd. Vs. Rajendra Singh and others; (1999) 6 SCC 667 : Common Cause, A Registered Society. Vs. Union of India and others; (1994( 1 SCC 1: S.P. Chengalvaraya Naidu. Vs. Jagannath and others and (2011) 4 UPLBEC 3531 : Ashok Kumar Singh and another. Vs. State of U.P. and others. 4. Relying upon the aforesaid cases, petitioner's counsel submits that in the year 2005, he obtained certain information under the Right to Information Act (RTI) and then it revealed that some fraud was committed by the respondents while convening DPC. In case, it is so, then appropriate remedy is to approach Tribunal where the case of the petitioner was dismissed, on account of fraudulent act of the respondents while filing written statement. It is for the Tribunal to look into the matter and in case some fraud is found to have been committed even if the judgment attains finality, it has right to withdraw its own order and take a fresh decision in accordance with law. 5 Accordingly, we dispose of the application with liberty to petitioner to approach the Tribunal and move appropriate application if advised to do so, for recall of Tribunal's judgment on the basis of alleged fraud which is said to be committed by the DPC and State authorities. In case any application is moved, it shall be decided within six months. 6. Without entering into the merit of the case, the application is disposed of.