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Judgment
Satyabrata Sinha, CJ
This writ petition is directed against an order dated 26-10-1999 passed in Rev. MA No.746 of 1996 arising out of OA No.3315 of 1989 whereby an whereunder the Tribunal refused to review its order stating:
"On perusal of the judgment in OA No.3315 of 1989, it is evident that the Tribunal allowed the OA only on the ground that the applicant is a senior and his probation was also declared and his services were also regularised. Hence, it is felt that there is no justifying grounds to revert the applicant. The aspect of G.O. Ms. No.703, dated 28-11-1984 was not taken into consideration by this Tribunal while rendering the judgment, the applicant is expected to file an appeal, but he cannot agitate this aspect by filing this review, The scope of review is limited to the extent of clerical mistakes and other minor aspects."
The scope of review as sought to be propounded by the learned Tribunal, in our opinion, does not conform to the settled legal principles. The Tribunal also exercises the power of judicial review in terms of the provisions of the Administrative Tribunals Act. Even in terms of Order 47, Rule 1 of the Code of Civil Procedure, the civil Courts exercise power of judicial review, inter alia, in the event it is found that an error apparent on the face of the record has occurred. A distinction must be borne in mind between correcting a clerical or arithmetical error in terms of Section 152 of the CPC and exercising a power of review in terms of Section 114 read with Order 47, Rule 1 thereof.
There cannot be any doubt that the jurisdiction of the Court to review its own order is limited. But an order of review can also be passed in the interest of justice.
For the reasons aforementioned, we are of the opinion that the impugned order cannot be sustained, which is set aside accordingly. The writ petition is allowed and the matter is remitted to the Tribunal below for consideration of the matter afresh on merits. We direct the learned Tribunal to dispose of the application at an early date and preferably within two months from the date of communication of this order.