WP(C) 2873/2010 BEFORE HON’BLE THE CHIEF JUSTICE MR RS GARG HON’BLE MR JUSTICE BP KATAKEY Heard Mr DC Chakraborty, learned counsel for the petitioner and Mr J Singh, lear ned counsel for the respondents. With the consent of the parties the matter is finally heard. The petitioner being aggrieved by the order dated 1-4-2010 passed by the Central Administrative Tribunal, Guwahati Bench dismissing the application pref erred by the petitioner has come to this court with a submission that the observ ations made in paragraph 4 of the order that the applicant did not pass the phys ical test, are contrary to record because from the Annexure-5 letter dated 13-6- 2005, issued by the Assistant Secretary, for Chairman, RRB, Guwahati it would cl early appear that the petitioner had qualified in physical efficiency test. His submission is that as the dismissal is on a wrong foundation the petitioner need s an order in his favour. Learned counsel for the respondents on the other hand submitted that if appropriate opportunity was given to the department by the learned Tribunal the department would have raised all legal pleas in the matter but as the matter was disposed of at motion hearing stage the respondents were not in a position to s how anything. It is, however, submitted that there appears to be some difference in An nexure-5 and the observations made by the learned Tribunal in paragraph 4 of the impugned order. After hearing the learned counsel for the parties and on going through A nnexure-5, the call letter for document verification dated 13-6-2005, we are of the considered opinion that the order passed by the Tribunal cannot be allowed t o stand as it stands on an illegal foundation. The order passed by the Tribunal is hereby quashed and the matter is remanded back to the Tribunal with the direc tion to restore the matter at its original number, issue notices to the parties and hear and decide the matter in accordance with law. The parties present in this court shall appear before the Tribunal on 14 -06-2010 and shall file a copy of this order before the Tribunal enabling the Tr ibunal to know as to what it is required to do.