T. Sen, J. - (1.) This Review Application is directed against the Order dated 16.02.2006 passed by a Division Bench of this Court in WPCT No. 023 of 2006, whereby where under, the writ application was dismissed holding that this Court did not find any reason to interfere with the Order of the Tribunal passed on 23.12.2005 in OA No. 129/ A&N/2001.
(2.) At the very outset we posed a question to the learned Counsel for the Petitioner / Applicants (hereinafter referred to for the sake of brevity as the Review Applicants) as to whether it would not be proper for this matter to be placed before the same Hon'ble Judge who had passed the Order. In answer to the aforementioned question, the learned Counsel for the Review -Applicant cited before us a Five Judges judgment passed in the case of K.N. Mishra v/s. Union of India by Hon'ble Mr. Justices Altams Kabir, J.; Ashok Kumar Ganguly, J.; Aloke Chakravarty, J.; Dilip Kumar Seth, J. and Pravendu Narayan Sinha, J., reported in ILR 2004 (8) A& N Series page 70; wherein it was held in paragraph 31 as follows: 31. In the special circumstances prevailing in the Andaman and Nicobar islands, an application for review of an order passed by a Bench sitting in writ jurisdiction can be heard and decided by succeeding Circuit Bench consisting of a different set of Judges even without any special assignment by the Hon'ble Chief Justice, notwithstanding the fact that the Judges of the previous Bench are is still functioning as Judges of the Calcutta High Court.
(3.) In view of the aforementioned judgment, we proceeded to hear this Review Application on merits because by an earlier Order dated 22.3.2006 passed in this Application, a Davison Bench of this Court had directed that the Review Application will be heard on merits, and that it shall be placed before the next Circuit Bench. It would, therefore, perhaps to be relevant to quote the aforementioned Order dated 22.3.2006: The review application will be heard on merits The notice of this application be served upon the Respondent authorities. Mr. S.K. Mandal, learned Advocate accepts such notice on behalf of the Respondents. The Respondent authorities will file their affidavit -in -opposition to the review application by three weeks from date, reply, if any, thereto by filed by two weeks thereafter. This application be placed 'for hearing' before the next Circuit Bench. There will be no interim order at this stage Sd/ - (Prabir Kumar Samanta, J.) Sd/ -(Alok Kumar Basu, J.);