ASHWANI KUMAR Vs. UOI

JUDGEMENT

(1.) THIS appeal is directed against the orders dated 31.01.2011 and 23.03.2011 passed in OA No.3664/2009 and RA No.87/2010, respectively by the Central Administrative Tribunal, Principal Bench, New Delhi (hereinafter referred to as ,,the Tribunal). The petitioner is aggrieved because the petitioners said O.A. was dismissed on the ground of it being barred by limitation. The Review Application was also dismissed by virtue of the order dated 23.03.2011.

(2.) THE facts in brief are that an order dated 13.07.2007 was passed whereby penalty of reduction of pay by four stages below for a period of four years with cumulative effect was awarded to the petitioner. The appellate authority by virtue of its order dated 03.03.2008 reduced the penalty by directing the reduction of pay by three stages and not by four stages. The revisional order was passed on 16.09.2008 whereby the penalty imposed by the appellate authority was maintained. Admittedly, the O.A. was filed by the petitioner before the Tribunal on 02.12.2009. According to the learned counsel for the petitioner, the starting point of limitation should be taken as 07.10.2008, i.e., the date on which the petitioner received the order passed by the revisional authority. Even if, we take 07.10.2008 as the starting point of limitation in this case, the OA has been filed after 1 year and 25 days. The period of limitation prescribed under Section 21 of the Administrative Tribunals Act, 1985, is one year. As a result, there is a delay of 1 month and 25 days which amounts to 55 days delay.

(3.) WE find that the Tribunal has considered this aspect in detail and particularly in paragraph 5 of the impugned judgment which reads as under:-