Bhagabati Prosad Banerjee, J. - (1.) This is an application under Article 226 of the challenging the order dated 28.11.97 passed by the Central Administrative Tribunal, Calcutta Bench dismissed the miscellaneous application. The fact of the case in short is that pursuant, to the Cabinet Secretariat D.O. No. 6/20/95 D.O.-TI 3129 dated 20.5.97, the petitioner Dr. B. C. Pati, Senior Medical Officer, GC, SSB, Barasat is promoted to the post of Divisional Medical Officer, in the pay scale of Rs. 3,000/- 5,000/- in SSB, with effect from the date of assumption of charge of the post. On promotion to the post of Divisional Medical Officer, the petitioner was directly posted at Divisional Headquarters of North Assam Division. This order was passed on 11th June, 1997. Thereafter on 27th June, 1997, the petitioner was communicated with a decision by the Commandant that the order dated 11th June, 1997 have been kept in abeyance. From the order dated 15th July, 1997 issued by the Assistant Director (EA-I) of the Directorate of Central of Security, Office of the Director that the petitioner Dr. B. C. Pati. SMO, GC, Barasat on promotion to DMO who was posted earlier on 23rd May, 1997 at Divisional Headquarters, N.A. Division, has been transferred to Divisional Headquarters, N & N Division. Against the said order, the petitioner moved the Central Administrative Tribunal and the Central Administrative Tribunal passed an order on 29th July, 1997 wherein the Tribunal passed an order to the following effect:- "We direct by way of interim measure that the impugned order as Annexure-G to the petition be stayed in respect of the petitioner on condition that the petitioner shall forgo his promotion as DMO subject to the result of the petition."
(2.) On 21st November, 1997, the Commandant, GC, SSB, Barasat, passed the following order:- "In pursuance of SSB dt-Order No. 4/SSB/A-4/97(1)-2804.33 dated 15.7.97 and subsequent correspondence on the subject Dr. B. C. Pati, SMO is hereby relieved on transfer of Divisional Headquarters, M & M Division w.e.f. 21.11.97 (AN)."
(3.) Under such circumstances the petitioner moved the Central Administrative Tribunal and the interim order which was initially granted by the CAT but rejected without giving any reason whatsoever. Excepting that the Tribunal was of the view that the interim order granted by the Tribunal was extended upto 12.11.97 and that accordingly on 28.11.97 when the matter was beard, the said order lapsed. The Tribunal has forgotten the cardinal legal principle that an act of the Court shall prejudice 10 mts. When the interim order was extended upto 12.11.97 and if the matter could not be beard by the Tribunal on or before that date and it was heard on 28.11.97. Technically extension could not be made when the Tribunal has initially passed an interim order in that event, nothing prevented the Tribunal from passing a fresh interim order. These things frequently happened before the Court and the Court following the salutary principle that for the lapses on the part of the Court, the litigants could not suffer had passed appropriate order in the facts and circumstances of this case, none can take advantage of his own wrong and accordingly, if there was any mistake or lapse on the part of the Court for that reasons a litigant cannot be compelled to suffer. Accordingly, the approach of the Tribunal in our view was contrary to the legal principle and/or the practice and procedure which has followed by the Court. The Supreme Court in owners and parties interested in M. V. 'Vall Peri' v. Fernando Dopez, AIR 1989 SC 2206 have held that rules of procedure not to be construed literally but should be construed pragmatically so as to advance Justice Procedural law is intended to facilitate not to obstruct the course of Justice The Supreme Court is the case of Chinnammal v. P. Arunmugham, 1990 (1) SCC 513 held that the procedural law is designed to facilitate Justice and it should not be treated as an enactment providing for punishment and penalty. The laws of procedure should be so construed as to render Justice wherever reasonably possible.;