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Judgment
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Nita Chowdhury, J
1.MA No. 4216/2018 seeking condonation of delay in filing the Review Application is allowed for the reasons stated therein.
Nobody appears for the original applicant after filing of this RA. On previous dates, starting from 14.12.2018, also nobody appeared for the original applicant and no reply has been received to the RA filed by the respondents.
Today, Mr. Gyanendra, learned counsel for the respondent - SSC appeared and explained that the decision in this OA was passed on 17.04.2018 without giving the respondents an opportunity to present their case. He especially drew our attention to the fact that this OA has been filed for implementation of the decision in which the applicant was not even a party and he is, in fact, a fence sitter who should have been called upon to explain the delay for filing of the OA.
In view of the above arguments presented by the counsel for the respondents, and on a perusal of the order passed in this OA No. 1014/2018, we find that the OA was disposed of at the initial stage without giving the respondents a chance to file their counter affidavit and to raise their objections to the delayed filing of the OA in question. Hence, the order dated 17.04.2018 passed in OA No. 1014/2018 is recalled and the OA is restored to its original number. Accordingly, the RA is allowed. Notice be given to the original applicant for hearing of the OA in question on merits. The respondents are also directed to file their counter affidavit within four weeks. List the OA on 25.04.2019.