UNION OF INDIA Vs. JASUBHAI SOMABHAI BARIA

JUDGEMENT

(1.) BY means of the present writ petition, the petitioners have challenged the judgment and order dated 06.07.2011 passed by the Central Administrative Tribunal, Ahmedabad Bench, Ahmedabad in Original Application No.117 of 2010.

(2.) WE have heard Ms. Rita Chandarana, learned counsel appearing for the petitioner.

(3.) ON examination of complete record placed before us, we are of the considered view that applicant, who comes from lower starta of society, should have been treated with sympathy. ON legal aspect, we may observe that Appellate as well as Revisional authorities have heavily relied upon his past record, which was not the charge on which he was subjected to. Thus, it appears that the departmental authorities proceeded on alien aspects. Furthermore, we may note that absence of 121 days was during a period of ten months, in different spell and not in continuity. In the given circumstances, we are of the opinion that applicant has made out sufficient cause to condone the delay. MA/130/2010 is allowed and delay is condoned.