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Judgment
Sh. Darpan Bhuyan, Id. Counsel for the appellant submits that on 11.08.2011, the Hon'ble Tribunal has remanded the matter back to the Designated
Authority with direction that the process shall be completed within six months. He submits that the Designated Authority has not followed the direction
and passed the order beyond this time limit. Further, on a specific query, he submits that against this order the SLP was filed before the Hon'ble
Supreme Court which is still pending. Without addressing on merit, he took the plea on technical ground that the subsequent order passed by the
Designated Authority, on remand, is bad in eye of law, and made a request on the ground that it was not passed within a period of six months. On the
other hand, Sh. Amit Singh, Id. Counsel for the Designated Authority submits that an adjournment application was moved for extension of time but he
was unable to prove the same by any documentary evidence.
Sh. R. K. Manjhi, Id. AR submits that the lower Designated Authority has passed the order in pursuance of the order passed by the Tribunal.
We have heard all the parties and gone through the records. The Tribunal has remanded the matter back to the Designated Authority for decision
within 6 months, who passed the order after six months. We find that this is not the ground for setting aside the order of the Designated Authority. If
appellant was aggrieved, there was alternative remedy available to him specially when the matter was remanded. No arguments advanced on merit.
We are not in agreement with the Id. Counsel for the appellant. The appeal has no merit, the same is dismissed. Stay application also gets disposed of
accordingly.
(Dictated and pronounced in open Court).