THE UNION OF INDIA AND OTHERS Vs. T.GURUMURTHY
LAWS(CAL)-2012-3-164
HIGH COURT OF CALCUTTA
Decided on March 07,2012

The Union Of India And Others Appellant
VERSUS
T.Gurumurthy Respondents

JUDGEMENT

SUBHRO KAMAL MUKHERJEE,J. - (1.) The Union of India, the Andaman and Nicobar Administration and its officers by filing RVW No.016 of 2010 seek review of an order dated 11th January, 2008 passed by Amit Talukdar and S.P. Mitra, JJ. By the said order, W.P.C.T.No.34 of 2009 preferred by them questioning the correctness of an order dated 13th September, 2007 passed by the Central Administrative Tribunal was disposed of. It appears from the said order that it was passed practically on the invitation of learned Senior Counsel appearing for the petitioners.
(2.) The review application was presented on 6th July, 2010 and is accompanied by an application seeking condonation of delay of 845 days in presentation thereof.
(3.) The learned Judges comprising the Bench that passed the order dated 11th January, 2008 have retired. The seven Judges Bench of this Court in the decision reported in 2011 (3) CLJ (Cal) 81 Madan Das v. Lt.Governor has observed that if the learned Judges comprising the Bench whose order is sought to be reviewed are not available, a request has to be made to the Hon'ble the Chief Justice for assignment. Mr. Mohammed Tabraiz, learned advocate for the review petitioners, accordingly, submits that this Bench is not competent to hear the application for condonation of delay and the parties ought to await an order of assignment of the Hon'ble the Chief Justice.;


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