BINU BALA Vs. UOI

JUDGEMENT

(1.) This writ petition is directed against the order dated 16.11.1999 passed by the Central Administrative Tribunal, Principal Bench, New Delhi, in O. A. No. 150/96. By virtue of the impugned order, the petitioner's said Original Application had been rejected. The petitioner had filed the said Original Application being aggrieved by the order of removal from service passed by the Disciplinary Authority pursuant to the departmental proceedings.

(2.) The facts leading up to the filing of the present writ petition are as follows:-

(3.) In the backdrop of the facts narrated above, we do not see as to why, when the Appellate Authority passed the order on 01.03.1996, the said Original Application could be barred by limitation when, in fact, it had been filed even prior to the order dated 01.03.1996. The proper course of action for the Tribunal ought to have been to direct the petitioner to amend the Original Application or permit the petitioner to withdraw the Original Application with liberty to file a fresh Original Application impugning the Appellate Authority's order dated 01.03.1996 also. Unfortunately this course was not adopted by the Tribunal.