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J Moses (na)     13 September 2012

Service matters- appeal or review ?

Sir,

I have filed a case in A.P.Administrative Tribunal in 2007 and the order date is in 2009. The order is not satisfactory as I do not have necessary evidences/proofs at that time. But now (2012) I got enough necessary evidences to proof  and win the case. So, I have approached High court of A.P ,in its orders, it suggested to go to the tribunal only. my question is,(1) shall I go for review or appeal or a fresh application in the tribunal ? (2)Did the tribunal take up the review or appeal after these 2 years (2009-2012)?



Learning

 8 Replies

Sudhir Kumar, Advocate (Advocate)     13 September 2012

review.  If you can justify that the information came to you only now and not available by due diligence in 2009.

1 Like

sridhar pasumarthy (ADVOCATE)     13 September 2012

Review is not maintainable afer lapse of 3 years.

You had better prefer an appeal with an application to condone delay and after numbering the appeal, file those documents as additional evidence.

1 Like

J Moses (na)     13 September 2012

Thank you sir!  Sir I can't understand " an application to condone delay." Dose it mean  to file a fresh application in Higher court sir or in the same court ?

venkatesh Rao (Retired Government Servant)     13 September 2012

Pl. put your case in detail, so that you can get correct advice. kindly attach both the judgments.

J Moses (na)     14 September 2012

Sir, I attach the judgements here.

After I got the evidences, I approached the hon'ble High court of A.P and got the first order on 19th April 2012 (1st attachment). But on 10th Sep 2012 , respondents filed stay petition and got the second order (2nd attachment).But now as the high court stated to approach the first forum i.e tribunal.so, I want to go for the appeal or review on the tribunal order dated 05.02.2009  as that order was against.


Attached File : 281411946 in the high court of judicature of andhra pradesh.doc, 281411946 the hon.doc downloaded: 137 times

J Moses (na)     15 September 2012

@ sudhir kumar sir,

Shall  I be permitted to introduce new evidences/documents in the review sir ?

Sudhir Kumar, Advocate (Advocate)     15 September 2012

In case the said evidence was not avaialbel or could nto be available with ordinary diligence the possible.

J Moses (na)     15 September 2012

Awaiting your kind reply sir.


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