CHANDER PRAKASH Vs. UNION OF INDIA

JUDGEMENT

(1.) The Order dated 11.11.1998 of the Central Administrative Tribunal, Principal Bench, New Delhi ( 'hereinafter for the sake of brevity called and referred to as, 'the Tribunal' ) passed in O.A. No. 524 of 1997 whereby and whereunder the Original Application filed by the petitioner herein was dismissed, is in question in this writ petition.

(2.) In the aforesaid Original Application filed by the petitioner herein before the learned Tribunal, a question arose as regard the interpretation of Rule 25 of the Railway Servants Discipline & Appeal Rules, 1968 ( hereinafter for the sake of brevity referred to as, 'the said Rules' ). The petitioner was subjected to a disciplinary proceeding and by an order dated 01.11.1994 a penally of reduction of pay of the petitioner herein from Rs.1,030/- to Rs.1,010/- fora period of 2 years without cumulative effect was passed. He did not prefer an appeal thereagainst. By his letter dated 30.05.1995, the third respondent herein proposed to enhance the penalty by reducing pay to the initial stage in the pay-scale for 5 years with cumulative effect and directed the petitioner herein to file his objections against the proposed enhancement. Thereafter, an order dated 19.07.1996 was passed, which is in the following terms :-

(3.) Before the learned Tribunal various contentions were raised on behalf of the petitioner in support of the said Original Application, but the same were negatived. Before us, however, only question, which has been raised, is that of limitation.