XAVIER M MASCARENHAS Vs. GENERAL MANAGER W RLY

JUDGEMENT

(1.) WE have heard Ms. Reena Kamani, learned advocate appearing for Mr. P.H. Pathak, learned advocate for the petitioner and Mr. Arpit Patel, learned advocate appearing for Mr. Mukesh Patel, learned advocate for the respondent.

(2.) THE petitioner herein has prayed to quash and set aside the order dated 16.10.2003 passed by the Central Administrative Tribunal, Ahmedabad in MA/446/2003 rejecting recall of the order dated 12.06.2003 and the order dated 12.06.2003 passed by the Central Administrative Tribunal, Ahmedabad in OA/720/1998 dismissing the application for default.

(3.) MR. Arpit Patel, learned advocate appearing for MR. Mukesh Patel, learned advocate for the respondent supported the impugned orders passed by the Tribunal and submitted that considering the conduct of the advocate the Tribunal was forced to pass such an order. He submitted that the advocate for the applicant was trying to avoid the proceedings by simply filing sicknotes.