N. ESHWARACHARI Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This writ petition is filed by the petitioner praying to set aside the order dtd. 30/3/2022 passed by the Karnataka State Administrative Tribunal (for short hereinafter referred to as 'Tribunal'), Bengaluru in Misc.Application No.473/2021 filed in A.No.3817/2003.

(2.) In brief, the contentions of the petitioner which have given rise for consideration of this petition is that, the petitioner is the wife of one N.Eshwarachari. The husband of the petitioner was working in Revenue Department. While he was in his service, articles of charges were framed against him and the departmental enquiry was conducted and as the charges alleged against him are proved, the respondents imposed penalty of dismissing him from the service. Aggrieved by the order of dismissal, the said Eshwarachari, preferred an appeal before the Deputy Commissioner, Mysuru and the said appeal came to be dismissed vide order dtd. 4/10/2000. He also filed a review petition, but the same also came to be dismissed vide order dtd. 2/2/2002. Aggrieved by the same, N.Eshwarachari, approached the Tribunal by filing application No.3817/2003. During the pendency of the said application, he was bed ridden for almost five to six years, as he was suffering from cancer. Due to the same, he could not persuade the application No.3817/2003 and on 29/9/2019, the said Eshwarachari died. The wife of said Eshwarachari, the petitioner herein had given representation to release the retirement benefits. But there was no reply from the concerned authority. Therefore, when the wife of N.Eshwarachari was persisting her representation for payment of retirement benefits in the month of March 2021, she was informed that the Tribunal has dismissed Application No.3817/2003 for non-prosecution. Therefore, it was informed by the respondents' authority that the said Eshwarachari is not entitled for any retirement benefits. The wife of the said Eshwarachari has enquired in the office of Tribunal in the month of March, 2021 and came to know that the earlier counsel who is representing the original applicant/deceasedEshwarachari was no more. Hence, the Tribunal issued notice to the applicant. However, the notice was not served or communicated to the family of N.Eshwarachari. Therefore, the Tribunal dismissed his application for non-prosecution. Immediately, the petitioner herein applied for certified copy of the dismissal order dtd. 15/7/2016. After obtaining the copy of the said order, the wife of N.Eshwarachari, filed Misc.A.No.473/2021 seeking to recall the dismissal order dtd. 15/7/2016 and along with the same, she also filed an application for condonation of delay. The Tribunal after hearing the matter, vide order dtd. 30/3/2022, dismissed the application on merits as well as on law of limitation. Hence, this petition is filed.

(3.) Heard Smt. Saritha A.L. learned counsel for Sri. Srinivasa S.B., learned counsel for the petitioner, Sri. H.R.Showri, learned AGA for respondent Nos.1, 3 and 4 and Sri. B.J.Somayaji, learned counsel for respondent No.2.