Committee of Disputes clearance is required again for remand-stage appeals in public sector litigation.

Fresh Committee of Disputes clearance was required before an appeal arising from remand proceedings could proceed, because the Supreme Court directions were treated as applying at every stage of public sector litigation. The reasoning was that each stage may involve further expenditure from the public exchequer, so no matter should come before a court or tribunal without prior scrutiny by the Committee. The argument that clearance obtained in the original proceedings covered the remand stage was rejected as inconsistent with the object and wording of those directions. Earlier Tribunal rulings treating remand matters as mere continuations of the original proceedings were not followed because they did not consider the Supreme Court directions in ONGC.

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Issues: Whether a fresh Committee of Disputes clearance was required for the appeal arising out of remand proceedings.

Analysis: The requirement of clearance flows from the directions of the Supreme Court intended to prevent public sector litigation from proceeding without prior scrutiny by the Committee. The directions were read as applying at every stage of litigation, since each stage may involve further expenditure from the public exchequer and the mandate is that no litigation should come before the Court or Tribunal without first being examined by the Committee. The contention that a prior clearance in the original proceedings was sufficient for the remand stage was rejected as inconsistent with the object and wording of the directions. Earlier Tribunal orders treating remand matters as continuations of the original proceedings were held not to be binding as they did not consider the Supreme Court directions in ONGC.

Conclusion: Fresh COD clearance was held to be necessary before the appeal could proceed, and the objection was sustained.

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