RAMAN NARAIN SHAH Vs. GOVT OF NCT DELHI

JUDGEMENT

(1.) ALLOWED subject to all just exceptions. This application is disposed of. The order dated 22.11.2011 passed by the Central Administrative Tribunal, Principal Bench, New Delhi (Tribunal) in O.A. No.3939/2010 is under challenge in this writ petition.

(2.) THE petitioner had filed the said original application in which he had made the following prayer:-

(3.) IT is the petitioner's case that a representation had been moved against the order dated 27.09.2007 on 19.10.2007. But no order was passed thereon. If that were to be the case then the petitioner would have had a period of six months to wait out before he could approach the Tribunal. Even if during this period of six months no order was passed on the representation, the petitioner could have filed the original application under Section 19 of the Administrative Tribunals Act, 1985 within a further period of one year, as is prescribed under Section 21(1)(b) of the said Act. Thus, the petitioner could have approached the Tribunal by 19.04.2009. Unfortunately, for the petitioner he has not challenged the order dated 27.09.2007 within that time. In fact, for the first time, the petitioner challenged the order dated 27.09.2007 by virtue of the said O.A. No.3939/2010 which was filed some time in September, 2010, much beyond the period of limitation prescribed under the said Act.