HANUMANTHARAJU H.B Vs. REGISTRAR

JUDGEMENT

(1.) The petitioner herein was selected for the post of Multi Tasking Staff which is a group 'C' cadre in the office of the Central Administrative Tribunal, Bangalore. The order of appointment was issued on 17.4.2014. The third respondent herein filed an application before the Central Administrative Tribunal on 20.1.2016. By its order dated 3.7.2017, the Tribunal has allowed the application thereby quashing the order of appointment made in favour of the petitioner herein. Being aggrieved by the same, the petitioner has filed this writ petition.

(2.) The learned Counsel for the petitioner submits that the application itself was not maintainable since the application was filed beyond the prescribed period of limitation. In this regard, the petitioner in the statement of objections filed before Tribunal had raised a ground that the application was time barred and therefore, the same should not be entertained. Further the learned counsel points out that the Tribunal, through its Registrar had also filed statement of objections and in the said objections, similar grounds were raised by the Tribunal. It is pointed out from the impugned order that though the Tribunal noticed the objections raised with regard to non-maintainability of the application and the delay in filing the same, no order has been passed by the Tribunal on the objections raised by the petitioner herein. The learned counsel further points out that subsequent to the objections raised by the petitioner and the Registrar of the Tribunal, an application seeking condonation of delay was filed by the applicant before the Tribunal. Therefore, the learned counsel submits that the Tribunal has passed the order without condoning the delay. Hence the impugned order is liable to be set aside.

(3.) The learned counsel for third respondent sought to justify the order passed by the Tribunal. However, on a question posed, the learned counsel admits that the applicant before the Tribunal had made an application before the Tribunal seeking condonation of delay. However, there is no order passed with respect to such an application filed by the applicant before the Tribunal.