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The Division bench of Justice Vipin Sanghi and Rekha Palli , while dealing with a petition assailing an order passed by the Tribunal with respect to the petitioner’s APAR gradings for four assessment years passed the order stating that, there should be a due application of mind, with respect to the matters before it. The Bench also stated that, the Tribunal should take course action in its dealing of original applications.
A contention was raised by the Petitioner who stated that the Tribunal had not taken notice of grievance in relation to each assessment year separately, and alsodid not even discuss the other submissions raised by him. This was agreed upon by the respondents as well. However, they argued that the findings of the Tribunal was sound.
When an individual approaches the Tribunal, it is with the hope that the case will be heard on its merits, and this should reflect in the orders of the Tribunals as well. Keeping this in mind, when a person approaches the Court with a matter, it should not be that of an improper hearing before the Tribunal and this was for matters dealt by the Tribunal in the first instance and due to that cases have been sent back to the Tribunal for remand.
The Court stated that it has found on occasions that the Tribunal as not bestowed its consideration to the grievances and submissions of the parties, and due to that the cases are being sent back for remand to the Tribunal to ensure that the first round of application is not omitted nor is considered as illusionary for the applicant. Four such applications were sent for consideration to the Tribunal.
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