Right to appeal must exist when the Tribunal is constituted; expired review period left no maintainable departmental appeal.

A departmental appeal was held not maintainable because the order was received when only a right to seek review existed, not a right to appeal. The period for seeking review had already expired before the Tribunal was constituted, so no subsisting appellate right remained that could be preserved by condonation of delay. The Tribunal therefore could not treat the matter as a delayed appeal within its condonation power, and the appeals were rejected.

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Issues: Whether the appeals filed by the departmental authority were maintainable in view of the expiry of the period for review and the subsequent constitution of the Tribunal.

Analysis: The impugned appellate order had been received on a date when the department had only a right to seek review, not to file an appeal. The period available for review had expired before the Tribunal came into existence. In these circumstances, there was no subsisting right to appeal that could be protected by condonation of delay, and the Tribunal could not treat the matter as a delayed appeal within its power to condone.

Conclusion: The appeals were not maintainable and were rejected.

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