Law:

Section:

(a) Service Tribunal Act (LXX of 1973)-------S. 4---Civil Procedure Code (V of 1908), O.XLI, Rr.30 & 31---Appeal to Service Tribunal---Delay in announcement of by the Tribunal---Prejudice to a party or defeat of ends of justice---Civil Procedure Code, 1908, as a whole, though was not applicable to the proceedings in the appeals before Service Tribunal, but the Tribunal following the basic norms of justice must announce the within reasonable time in terms of O.XLI, Rr.30 & 31, C.P.C.---Remand of the case on the ground of delay in announcement of defeating the ends of justice and causing prejudice to a party---Desirability---Supreme Court while disapproving the practice of delayed announcement of s observed that all judicial or quasi-judicial forums, must announce the s within reasonable time---Although Courts and Tribunals must announce the within reasonable time but mere delay in announcement of , would not be considered sufficient ground to set aside the same and remand the case if no prejudice was caused to any party on the merits---Principles. In principle, there can be no departure from the rule that if due to the unnecessary delay in the announcement of the , any prejudice was caused to any party, the case should be sent back to the lower Court/forum for rehearing and decision afresh. Civil Procedure Code as a whole is not applicable to the proceedings in the appeals before the Service Tribunal but the Tribunal following the basic norms of justice must announce the within reasonable time in terms of Order XLI, rules 30 and 31, C.P.C. The delay even of a lesser period in announcement of in a case, may cause prejudice to a party or defeat the ends of justice, therefore, all forums discharging judicial and quasi-judicial functions, are supposed to follow the law in letter and spirit and must discharge their functions in a judicious manner. In the present case, the Service Tribunal has dealt with all the points and contentions raised in the appeals before it in proper manner and no legal defect or factual infirmity in the causing any prejudice to the petitioners on merits had been found and consequently, remand of the case on this ground was not…

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