JUDGEMENT
JAYANTA KUMAR BISWAS, J. -
(1.) THE petitioners in this WPCT under art.226 dated September 21, 2012 are
questioning an order of the Central Administrative Tribunal, Calcutta
Bench ( Circuit at Port Blair) dated August 27, 2012 (WPCT p.114). The
relevant part of the order of the Tribunal is quoted below: -
"10. The matter was heard at length. At the end it was mutually agreed that the respondents would permit withdrawal of the notice of voluntary retirement dated 9.8.2011 on condition that the applicant agreed to join his place of posting in Hut Bay forthwith. The Ld. Counsel for the applicant took instructios from the applicant and agreed to do so. "
Case of the petitioners stated in para.23 of the WPCT is as follows: -
"23. That the petitioners states that the petitioners have never mutually agreed before the Ld. Tribunal that the petitioners would permit the respondent for withdrawal of the notice of voluntary retirement. It is further submitted that the original application was heard on 24/8/2012 and thereafter on 27/8/2012 i.e. on the last day of the circuit bench of the Ld. Tribunal the judgement was delivered and only after the petitioners came to know about the averments made by the Ld. Tribunal under which the Ld. Tribunal has disposed off the said application but the fact remains the said averments have never been made from the side of the petitioners. "
(2.) SINCE the petitioners are questioning the correctness of the facts stated in the order of the Tribunal (concerning submissions made by counsel for
the petitioners) in our opinion, the petitioners ' remedy, if any, was to
apply to the members of the Tribunal who passed the order seeking
appropriate relief. Correctness of the facts stated to be submissions of
counsel for the parties recorded by the Tribunal in its order cannot be
ascertained by us entertaining the WPCT.
Mr.Rao appearing for the petitioners has submitted that the petitioners need stay of operation of the order of the Tribunal, and that the petitioners did not get any opportunity of pointing out the anomalies in the order, because the order was passed by the Tribunal on the last day of the circuit.
In our opinion, the petitioners should approach the Tribunal with a request for interim relief. Needless to say that if an appropriate application is filed, then the Tribunal will be required to consider it immediately without being swayed by the fact that we have not entertained the WPCT.
With the foregoing observations, we dispose of the WPCT. No costs. Certified xerox.
I agree.;
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