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2024 Supreme(Online)(CAT) 2698

CENTRAL ADMINISTRATIVE TRIBUNAL
Ombir Yadav – Appellant
Versus
M/o Defence – Respondent


O R D E R

Justice K.Haripal This is a Review Application filed by the respondents in the Original Application seeking to review the order dated 27.09.2024 in the Original Application.

2. The crux of the arguments of the Review Applicants/respondents in the Original Application is that at the time of final hearing of the O.A., copy of order of Bangalore Bench of this Tribunal - Annexure-RA2 in OA 632/2023 was placed before this Tribunal. But the Court failed to make mention about the said decision, nor relied on it and allowed the O.A. taking a contra view. According to the Review Applicants, it is a decision of a co-ordinate Bench of equal strength, whereunder the O.A. seeking self same relief was dismissed by the Bangalore Bench. Challenge in both the O.A. was one and the same. This Tribunal which is a subsequent co-ordinate Bench of equal strength, instead of taking a contra view should have referred the matter to a larger bench as held by Hon'ble Supreme Court in Union of India & others v. S.K.Kapoor [(2011) 4 SCC 589]. That has resulted in rendering two decisions of co-ordinate Benches of equal strength on the same set of facts.

3. According to the petitioners, such contradictory

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