PRAVENDU NARAYAN SINHA, J. - (1.) This reference originates from a writ petition filed before the Circuit Bench at Port Blair against an order passed by the Central Administrative Tribunal on 19th September, 2000. The said writ application was dismissed by the Division Bench on 11th June, 2002, on the ground that an error of assessment cannot be corrected in writ jurisdiction. An application, being RVN No. 005 of 2002, was filed by the writ petitioner for review of the order of the Division Bench. The said application came up for consideration before another Bench then in Circuit which issued a Rule on the application on 2nd July, 2002, making the same returnable on 9th July, 2002. On 9th July, 2002, direeections were given for filing of affidavits and the matter was adjourned till 15th July, 2002. On the said date the second Division Bench, inter alia, recorded the following order : "The application therefore stands allowed. The order dated 11-6-2002 is hereby recalled. Now it will be not necessary to hear the writ petition afresh".
(2.) Thereafter, after making certain observations on the merits of the writ petition, the Court further recorded as follows :- "Since we have already recorded hereinabove, that we are not disposing of the writ application today because of the reasons stated above, we are not recording our conclusion on such fact. But it is now for the next Circuit Bench to decide finally whether because of the stand of the respondents whether the petitioners will be without any remedy or the entire selection should be set aside with a direction for holding fresh Departmental Promotion Committee".
(3.) Further to the aforesaid directions, the writ application came up for hearing on 20th January, 2003, before the Division Bench in Circuit comprised of a third set of Judges and presided over by Bhaskar Bhattacharya J. When the writ application was taken up for hearing a question arose as to whether the said Bench could at all take up the matter for hearing.;