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Government Of Assam Personnel Assam administrative Tribunal

Judgement

According to the provisions as laid down in Sec. 8(2) of the Assam Administrative Tribunal Act, 1977, at least two of the Members of the Tribunal will hear and pass orders on appeals, preferred before the Tribunal and the order of the Tribunal passed in any appeal under the provisions of this Act shall be final as in Sec. 9 (I)(a). However, notwithstanding anything contained in Section 9 (I)(a) the Tribunal may, in the application of any of the parties, review its own decision of order in any case and may pass such orders as it thinks fit.

Conditions for review of its own decision of order :

  • No such decision or order shall be reviewed unless notice has been given to the opposite parties to appear and to show cause, why such order or decision should not be reviewed ;
  • The application for review under sub-section (1) (b) shall be made within thirty days from the date of decision or order of the Tribunal.

Notwithstanding anything contained in any law no civil court or other authority shall entertain any civil suit or other proceedings with respect to any of the matters which fall within the jurisdiction of the Tribunal or question in any form any order passed by the Tribunal in any appeal or review with respect to any matter when an appeal could have been preferred under the provisions of this Act or with respect to any other matter which arises out of the exercise of powers under this Act.

  • The decision of the Tribunal shall be implemented within such reasonable time as may be specified by the Tribunal.
  • The order/ Judgement of the Bench shall be in writing and shall state the points of determination, its finding theory and the reasons for its these findings in a concise manner. 
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Case No. 11 ATA(cont.) 2011/ 52 ATA (2008)648.28 KBswf-image