2013-UNAT-327, Tiwathia
UNAT noted that appeals from UNDT decisions on suspensions of action will only be receivable if UNDT, in adjudicating such applications, exceeded its competence or jurisdiction. UNAT held that the UNDT’s legal and factual reasoning fell entirely within its competence and jurisdiction. UNAT held that, although the Appellant’s claims addressed the merits of the UNDT judgment, they did not amount to claims that the UNDT exceeded its competence or jurisdiction. UNAT held that the appeal was not receivable. UNDT dismissed the appeal.
The Applicant requested a suspension of action for a selection decision, after not having been selected for a post. UNDT rejected the application on the ground that the selection decision had already been implemented before a judgment on suspension of action could be rendered.
Appeals from UNDT decisions on suspensions of action will only be receivable if UNDT, in adjudicating such applications, exceeded its competence or jurisdiction.