LAWS(DLH)-2015-7-151

MANI BUDHANKAR Vs. UNION OF INDIA AND ORS.

Decided On July 13, 2015
Mani Budhankar Appellant
V/S
Union of India And Ors. Respondents

JUDGEMENT

(1.) AGGRIEVED by the order dated 25.8.2011 passed by the Central Administrative Tribunal by which the OA filed by the petitioner was dismissed as being barred by limitation, the petitioner has filed the present petition. Challenge in this writ petition is also made to the order dated 7.5.2012 by which the review petition filed by the petitioner herein was also dismissed.

(2.) THE necessary facts to be noticed for disposal of the present writ petition are that the petitioner was working as Bench Officer with the Company Law Board. On account of a matrimonial dispute an FIR was registered against the petitioner under Section 498 -A read with Section 406 IPC. The petitioner was convicted by an order dated 4.3.1998 and vide order dated 9.3.2008 sentenced to undergo rigorous imprisonment for six months for each of the offences and also with fine of Rs. 3000/ - and Rs. 2000/ - respectively and in case of default in making the payment of fine, further rigorous imprisonment for 15 days each was also awarded. The sentences were to run concurrently.

(3.) THE petitioner, who appears in person submits that the learned Tribunal has failed to take into consideration that, in fact OA was filed within a period of one year from the date of rejection of his representation for reinstatement which the petitioner sought on the basis of the order dated 28.11.2008 by which the Additional District and Sessions Judge on an appeal filed by the petitioner upheld the order of conviction but modified the sentence to probation of two years on good conduct.