SECRETARY HOME POLICE DEPARTMENT GOVERNMENT OF BIHAR Vs. JAGMOHAN JOINT DEPUTY DIRECTOR INTELLIGENCE BUREAU MINISTRY OF HOME AFFAIRS GOVERNMENT OF INDIA

JUDGEMENT

(1.) THROUGH this application respondents in the OA have sought review of Tribunal�s orders dated 7.3.2006 in OA No. 2206/2004. It has been stated on behalf of review applicant that the matter was heard ex parte in terms of rule 16 of the CAT (Procedure) Rules, 1987 as none had appeared on behalf of respondents. It has been explained that the counsel of respondent No. 2 State was to come from Patna to attend the Court on 7.3.2006 but he was prevented to appear before the Court as the train reached late at New Delhi Station. It has been contended that when the counsel of respondent No. 2 reached the Tribunal, the matter had been decided ex parte against respondents in terms of rule 16 ibid.

(2.) It is further stated that the review applicant had to establish that the letter dated 9.2.1960 relied upon by the applicant in the OA had been superseded and amended by letter dated 5.1.1999, but the Tribunal had told the counsel on the date before 7.3.2006 that such a letter could be produced on the date of hearing, and that there is no provision to reply the rejoinder.

(3.) WE have considered this application in the light of the material on record as also the legal provisions.