2016 (9) TMI 1122

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....DER Heard Mr. A.Ganesh, learned counsel appearing for the petitioner and Mr.G.M.Syed Nurullah Sheriff, learned Senior Panel Counsel, appearing for the respondents. By consent of the learned counsel for both sides, the writ petition is taken up for final disposal. 2. The petitioner seeks for the issuance of a writ of mandamus, to implement the order passed by the Appellate Authority in the Or....

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....et the instructions from the Department. 4. Today, on instructions, the learned Senior Panel Counsel submitted that, a revision has been filed as against the said order before the Joint Commissioner and since the revision is pending, the Department is unable to implement the order passed by the Commissioner (Appeals). 5. Admittedly, there is no interim order granted by the Revisional Authori....

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....ary order has been passed by the Officers of the same rank, it would not be permissible in law to do so. 6. This decision, if applied to the facts of the present case, then, it has to be held that the Revisional Authority has no jurisdiction to entertain the Revision Petition, against an order passed by the Officer, who is in the same cadre. In any event, the order passed by the Appellate Autho....