Review petition
Devi Vaikom
(Querist) 27 July 2016
This query is : Resolved
A petition filed in the CAT against adverse entries in the Annual Performance Assessment Reports (APAR) has been allowed taking note of the statement contained in the reply from the Government side that 'it would not be feasible for the Department to again and again take up the matter with CAT on the same issue as there is no scope left for considering the representation of the applicant'. The Tribunal has taken note of the innuendo contained in that particular averment of the respondents to be indicative of the annoyance of the respondents for being called upon to answer before this Tribunal and also of the aversion towards the applicant.
However, the very same Bench dismissed the petitions against adverse entries in the APAR for some other periods though the reply statements in those cases also contained the same averments.
Can review petitions be filed against the dismissals pointing out this inconsistency?
I had appeared in person.
P. Venu
(Expert) 28 July 2016
Generally, Review Petitions are rejected summarily. However, there is no harm in filing the petition and taking a chance.
Devajyoti Barman
(Expert) 28 July 2016
You can but preferring an appeal in high court is better option.
R.K Nanda
(Expert) 28 July 2016
U can file RP but mostly they are dismissed.
Dr J C Vashista
(Expert) 29 July 2016
Instead of filing review petition you should consider to file a writ petition before High Court, consult your lawyer, who is better informed about the facts and circumstance than what you have mentioned in present query.
