CAT - Kolkata

Review jurisdiction is limited to correcting self-evident errors and cannot serve as an appeal in disguise.

Dipak Kr Shaw vs S E RAILWAY

CAT - KolkataJUDGMENT: April 02, 20262 MIN READSOURCE JUDGMENT
THE ORIGINAL LAWLENS SUMMARY
01

Facts

The Applicant participated in a Limited Departmental Competitive Examination (LDCE) for the post of Junior Engineer (JE-II/TM) against a 2010 vacancy

Source reference: p. 2

In the first round of litigation, the Tribunal quashed the original panel dated 08.11.2011, directing the Respondents to recast it strictly based on merit without computing seniority marks

Source reference: p. 3

Upon recasting, the Applicant was again not empanelled, having secured 55.5 marks against the last selected candidate's 57.5 marks

Source reference: p. 1

The Applicant filed O.A. 350/440/2015 seeking communication of ACRs for 2008–2010 and a review DPC, which was dismissed on 05.02.2026

Source reference: p. 1, 3

The Applicant subsequently filed the instant Review Application (RA) to review that dismissal, arguing that non-communication of ACRs prejudiced his selection

Source reference: p. 3-4
02

Issues

1. Whether there exists any "error apparent on the face of the record" in the Order dated 05.02.2026 that justifies the exercise of review jurisdiction

Source reference: p. 4, 6

2. Whether the non-communication of ACRs for the years 2008–2010 played a role in the Applicant’s non-selection in an LDCE where merit was the primary criterion

Source reference: p. 2, 4
03

Law Applied

Section 22(3)(f) of the Administrative Tribunals Act, 1985, which aligns review powers with Order 47 Rule 1 of the CPC

Source reference: p. 5

A review is limited to correcting self-evident errors and cannot be an "appeal in disguise" as per Parsion Devi v. Sumitri Devi (1997)

Source reference: p. 4-5

An error must be discoverable without a long process of reasoning and review cannot be used to correct an "erroneous decision" under State of West Bengal v. Kamal Kumar Sengupta (2008)

Source reference: p. 5-6

Principles regarding ACR communication established in Dev Dutt (2008) and Abhijit Ghosh Dastidar (2009)

Source reference: p. 4
04

Reasoning

The Tribunal observed that in the recasted merit-based panel, the Applicant failed to qualify solely due to securing lower marks than the last selected UR candidate

Source reference: p. 1-2

ACR gradings had no impact on his non-selection

Source reference: p. 2

The Applicant did not raise the issue of non-communication of ACRs during the first round of litigation or for seven years following the relevant period, only doing so after his name was excluded from the recasted list

Source reference: p. 3-4

The Tribunal reasoned that the Applicant’s plea was essentially an attempt to re-argue the case rather than pointing out a self-evident error based on the Kamal Kumar Sengupta and Parsion Devi precedents

Source reference: p. 5

The original decision was based on the factual finding that selection was merit-based and the Applicant fell short of the cut-off, thus there was no mistake apparent on the record

Source reference: p. 6
05

Holding

The Tribunal dismissed the Review Application, holding that there was no error apparent on the face of the record

The court affirmed that the Applicant's non-selection resulted from his failure to meet the merit cut-off in the LDCE and that the belated challenge regarding ACRs did not constitute a ground for review

Source reference: p. 2, 4

No order as to costs was made

Source reference: p. 6
CAT - Kolkata

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Dipak Kr ShawvsS E RAILWAY

CAT - Kolkata · April 02, 2026

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