Union Of India v. Smt.M.Shanthi
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 03.06.2025 CORAM :
THE HONOURABLE MR. JUSTICE M.S.RAMESH and THE HONOURABLE MR. JUSTICE V.LAKSHMINARAYANAN and W.M.P.No.19258 of 2025 Union of India represented by The Principal Chief Personnel Officer Southern Railway Park Town Chennai ... Petitioner Vs.
M.Shanthi ... Respondent Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying for the issuance of Writ of Certiorari, calling for the records relating to the order passed by the Central Administrative Tribunal, Chennai Branch in M.A.No.359 of 2024 and R.A.No.3 of 2024 dated 29.07.2024 confirming the order passed in O.A.No.319 of 2020 dated 12.10.2023 and quash the same.
For Petitioner : Mr.V.Chandrasekaran
ORDER
M.S.RAMESH, J.
AND V.LAKSHMINARAYANAN, J.
The High Court of Gauhati in the case of Union of India & Ors Vs.Chanchal Nag, in W.P.(C) No.3034 of 2021, dated 27.03.2023, while deciding a Review Application has held that the Tribunal shall have no power to condone the delay in filing a Review Application, unless express powers are conferred by a statute.
2.By placing reliance on the aforesaid decision, the Tribunal had rejected the petitioner's application, seeking to condone the delay of 105 days in filing the Review Application against the order dated 12.10.2023. The petitioner herein has not raised any grounds as to how the above decision of the High Court of Gauhati would not be applicable to the present case. The decision of the High Court of Gauhati would be binding on the Tribunal and therefore, the Tribunal had rightly placed reliance on the said decision and held that it had no powers to condone the delay in preferring the Review Application. In our view, there is no illegality or any other infirmity in the decision and thus, we find no
reason to interfere with the said judgment of the Tribunal. 3.Accordingly, the Writ Petition stands dismissed. No costs. Consequently, connected miscellaneous petition is closed. [M.S.R, J.] [V.L.N, J.] 03.06.2025 kas Index: Yes / No M.S.RAMESH, J.
AND
V.LAKSHMINARAYANAN, J.
kas and W.M.P.No.19258 of 2025 03.06.2025