DHARAM SINGH Vs. DELHI TRANSPORT CORPORATION

JUDGEMENT

(1.) LEARNED counsel for the respondent at the outset, has raised a preliminary objection to the maintainability of the present Writ Petition on the ground of inordinate delay and laches on the part of the petitioner not only in approaching the Central Administrative Tribunal (for short, 'the Tribunal') to challenge the order dated 25th April, 2012 but even this Court by way of filing the present Writ Petition.

(2.) THE submission of the counsel for the respondent is that the order of punishment was passed by the Disciplinary Authority on 28th May, 1999 and the same was upheld by the Appellate Authority by its order dated 1st December, 1999. Thereafter, the O.A. No. 1358/2012 was preferred by the petitioner after the acquittal of the petitioner from the criminal case by order of the Judicial Magistrate, Sahaswan, Badayu, U.P. in Case No. 504/1999 dated 4th December, 2008.

(3.) LEARNED counsel for the petitioner, on the other hand, submits that the petitioner is a poor person and therefore, some mercy should be shown to him. Counsel also submits that the objection of delay was never taken by the respondent before the Tribunal. Therefore, the respondent cannot take the said objection at this stage. Counsel also submits that the petitioner had approached the Tribunal only after he was acquitted from the criminal case being Case No. 504/1999 by the Judicial Magistrate, Sahaswan, Badaun, U.P. and prior thereto, there was no ground available to the petitioner to challenge the order of the disciplinary authority and the appropriate authority.