TMI Blog2014 (8) TMI 586X X X X Extracts X X X X X X X X Extracts X X X X ..... llant would obtain the above clearance as suggested in final order. Moreover, with the revocation of the said mechanism, the appellant should be deemed to have regained their right to pursue this appeal and, thereby, to move the present application before us. This view is also in consonance with the view expressed by the C.B.E. & C. in instruction dated 24-3-2011 issued to the field formations. Indeed, the said instructions virtually disabled the respondent from opposing the present application - Order recalled - appeals restored. - ST/837/2009 - Misc. Order No. 644/2012 - Dated:- 23-8-2012 - Shri P.G. Chacko, Member (J) and M. Veeraiyan, Member (T) Shri Thomas Kuriyan, Advocate, for the Appellant. Ms. Sabrina Cano, Superintend ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... to obtain the Committee s clearance and move this Tribunal for restoration of their appeal in terms of the final order passed by the Tribunal. The learned counsel therefore prays for recall of our final order and restoration of the appeal to its original number. 3. The learned Superintendent (AR) produces copies of the judgements passed by the Hon ble Supreme Court on the subject from time to time and makes an endeavour to give an account of what went wrong with the above mechanism leading to its revocation by the Hon ble Supreme Court s judgment. Further, she fairly points out that the C.B.E. C. by instruction dated 24-3-2011 conveyed its views to the field formations on the subject. She has also shown us a copy of the said instructio ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d obtain the above clearance as suggested in our final order dated 17-1-2011. Moreover, with the revocation of the above said mechanism, the appellant should be deemed to have regained their right to pursue this appeal and, thereby, to move the present application before us. This view is also in consonance with the view expressed by the C.B.E. C. in instruction dated 24-3-2011 issued to the field formations. Indeed, the said instructions virtually disabled the respondent from opposing the present application. 5. In the result, we allow this application by recalling the final order dated 17-1-2011 and restoring the appeal to its original number. Needless to say that the stay application also stands revived and the same is directed to be ..... X X X X Extracts X X X X X X X X Extracts X X X X
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