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Tribunals and CommissionsSingle Bench(2020) 02 CAT CK 0006

Devanand vs Union Of India And Ors.

Central Administrative Tribunal · Decided on 12 February 2020

HON’BLE JUDGES
Aradhana Johri, Member (A)
RESULT
Dismissed
CASE NUMBER
Miscellaneous Application No. 292 Of 2019, Original Application No. 2464 Of 2017

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Judgment

17 paragraphs · 361 words
1.

This MA has been filed for recalling of this Tribunal’s order dated 10.09.2018 in OA No.2464/2017. The said order reads as under:-

“At the outset, learned counsel for the applicant, Shri Ajesh Luthra stated that despite the skill tests having been conducted by the respondents, the

applicant has not been able to qualify in the same. The OA has thus become infructuouis and is dismissed as withdrawn.â€​

2.

The applicant has stated that his counsel Mr. Ajesh Luthra gave a wrong statement before the Court that the result of the skill test conducted by

the respondents was declared and the applicant could not qualify the same. In light of this statement, the OA was dismissed as withdrawn.

3.

The applicant states that the respondents have not yet declared the result of the skill test and therefore, he has prayed for recall of the

Tribunal’s order dated 10.09.2018.

4.

The respondents have denied the claims of the applicant. They have stated that the result of the skill test conducted on 28.05.2018 was declared on

28.08.2018. The applicant did not qualify in the skill test as he had committed 30.33% mistakes which were more than the prescribed cut off of

allowed percentage of mistakes. They have also annexed the result sheet of the applicant in support of their contention. They have further stated that

the learned counsel for the applicant Mr. Ajesh Luthra made a correct statement regarding applicant’s not qualifying the skill test in OA

2464/2017 and the OA was rightly dismissed. They have further stated that the present MA No.292/2019 is without merit and the same should be

dismissed.

5.

Heard Sh. Anil Hooda, learned counsel for the applicant and Sh. Aamir Sheikh for Sh. Hanu Bhaskar, learned counsel for the respondents.

6.

In view of the statement of the respondents that the result of the skill test was declared on 28.08.2018, it is clear that Sh. Ajesh Luthra, the then

learned counsel for the applicant made a correct statement before this Tribunal that the applicant was not able to qualify the skill test.

7.

In view of the above discussion, this MA has no merit and is accordingly dismissed.