IN THE HIGH COURT OF KERALA AT ERNAKULAM
RP.No. 818 of 2004(S)
1. T.S.NISHAT, AGED 35 YEARS,
... Petitioner
Vs
1. UNION OF INDIA, REP. BY THE
... Respondent
2. THE CENTRAL BOARD OF EXCISE AND CUSTOMS,
3. THE CHIEF COMMISSIONER OF CUSTOMS,
4. THE COMMISSIONER OF CUSTOMS,
5. THE HON'BLE CENTRAL ADMINISTRATIVE
For Petitioner :SRI.T.C.GOVINDA SWAMY
For Respondent :SRI.JOHN VARGHESE, ASSISTANT SG
The Hon'ble MR. Justice K.BALAKRISHNAN NAIR
The Hon'ble MRS. Justice M.C.HARI RANI
Dated :30/05/2008
O R D E R
K.BALAKRISHNAN NAIR & M.C.HARI RANI JJ.
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R.P.NO.818 OF 2004
IN
W.P.(C)No.28650 OF 2004
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DATED THIS THE 30th DAY OF MAY, 2008
O R D E R
Balakrishnan Nair, J.
The petitioner prays for review of the judgment on the
ground that this Court proceeded on the assumption that the
respondents have filed a counter affidavit and they have raised a
contention therein that there were not sufficient number of
vacancies available for considering the petitioner who is a
Preventive Officer for promotion to the post of Superintendent
(Customs). The petitioner points out that in fact no counter
affidavit was filed and therefore the respondents could not have
taken any defence that there were not sufficient number of
vacancies to consider the petitioner for promotion.
2. We notice that in this writ petition no counter affidavit
was filed by the respondents. Therefore the assumption made by
this Court that the respondents have filed a counter affidavit is
wrong. It is an error apparent on the face of the record. We feel
R.P.NO.818 OF 2004 -2-
that the case of the petitioner should be considered after the
respondents filed a counter affidavit in the writ petition. Accordingly,
the judgment under review is recalled. W.P.(C)No.28650/04 is
restored to file.
K.BALAKRISHNAN NAIR,JUDGE.
M.C.HARI RANI, JUDGE.
dsn