Court No. - 29
Case :- WRIT - A No. - 955 of 2019 Petitioner :- Sushil Kumar Mishra Respondent :- Union Of India And 3 Others Counsel for Petitioner :- Vinay Kumar Srivastava,Abhishek Srivastava,Tanu Roopanwal Counsel for Respondent :- Vikash Chandra Tripathi
Hon'ble Pankaj Mithal,J. Hon'ble Rohit Ranjan Agarwal,J.
Heard Sri Vinay Kumar Srivastava, learned counsel for the petitioner and Sri Vikash Chandra Tripathi, learned counsel appearing for the respondents.
The petitioner has preferred this writ petition for quashing of the order of the Central Administrative Tribunal, Allahabad dated 6.12.2018 by which his original application has been dismissed as barred by limitation.
The relevant facts as ascertained from the pleadings as well as the impugned order of the Tribunal reveals that the services of the petitioner were terminated on 15.2.1995 and this order was assailed by the petitioner by means of filing an Original Application in the year 2011, i.e., after about 15 years.
The limitation for filing the Original Application under Section 21 of the Act is one year from the date of the cause of action and the said period could be extended for another six months, if the representation of the petitioner for condoning the delay is found to be sufficient. The delay of more than six months in filing the Original Application is not liable to be condoned.
In view of the above legal provision, the Tribunal refused to condone the delay of 15 years in filing the Original Application and accordingly dismissed the same.
We find no error or illegality in the order of the Tribunal.
The writ petition as such is devoid of merit and is dismissed.
Order Date :- 22.1.2019 AKJ