Second restoration application barred where prior rejection stood and COD permission was not granted for appeal restoration.

A second restoration application was held not maintainable where an earlier restoration plea had already been rejected on the same relief. The Tribunal also found no basis to restore the appeal because the Committee on Disputes had not granted permission to pursue it, and later Board instructions did not assist the applicant since the COD proceedings had already concluded by the recorded meeting minutes. The earlier order was therefore not recalled, and restoration was refused.

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Issues: Whether a second restoration application was maintainable and whether the appeal could be restored on the basis of the Committee on Disputes proceedings and subsequent Board instructions.

Analysis: The Tribunal noted that an earlier restoration application had already been decided against the appellant, and that a second application seeking the same relief could not be entertained. It further held that the Committee on Disputes had not granted permission to pursue the appeal, and the later Board instructions did not the appellant because the COD proceedings in this case had already been concluded by the meeting minutes dated 2-11-2006. The Tribunal therefore found no basis to recall its earlier order.

Conclusion: The second restoration application was not maintainable and the request to restore the appeal was rejected.

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