SATYAWAN Vs. UOI AND OTHERS

JUDGEMENT

(1.) (Open Court) - The present second appeal is directed against the order dated 16.07.2014 passed by the learned Additional District Judge (Central-07), Tis Hazari Courts, Delhi in RCA No. 79/2013. By the impugned order, the first appeal preferred by the appellant/plaintiff to assail the judgment and decree dated 12.08.2013 passed in the appellant's Suit No. 1567/2006, has been dismissed as being barred by limitation. The application preferred by the appellant under Sec. 5 of the Limitation Act, 1963 to seek condonation of 98 days in filing the first appeal has been rejected as not disclosing "sufficient cause" to explain the delay.

(2.) The appellant/plaintiff was enrolled in Central Industrial Security Force (CISF) as a Constable. He was charge-sheeted on the ground that he had left the Unit without prior approval and had not gone to Chandigarh as directed. A departmental inquiry followed, which found him guilty of misconduct. Accordingly, he was dismissed from service.

(3.) The appellant then preferred the aforesaid suit to seek a declaration and consequential reliefs in respect of his dismissal from service. The Trial Court, namely the Senior Civil Judge-cum-Rent Controller (Central), Tis Hazari Courts, Delhi dismissed the suit vide judgment and decree dated 12.08.2013.