VIJAY UTTAMRAO KALE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard the learned Counsel appearing for the Petitioner as well as the learned AGP for the Respondents, at length.

(2.) By the present Petition, the Petitioner impugned the order dtd. 9/6/2023 passed in Misc. Appln. No. 62 of 2022 in Original Application (Stamp) No. 209 of 2022, by the learned Maharashtra Administrative Tribunal, Mumbai, Bench at Aurangabad, thereby dismissed an application u/s 21 (3) seeking condonation delay of 7 years 4 months and 3 days caused while lodging the Original Application u/s 19 of the Administrative Tribunal Act, 1985.

(3.) The learned counsel for the petitioner submits that, on 1/11/1996, the Petitioner was appointed with the Respondent No. 2 Joint Director, Vocational Education, as a 'Clerk-Typist' in class III category on the basis of Freedom Fighter's Nomination letter issued by the Respondent No. 3-Collector. However, subsequently, the Freedom Fighter's Nomination letter was found to be false/bogus, which resulted in his termination from service w.e.f. 7/5/2019 as well as recovery of monetary benefits. Therefore, the Petitioner filed an Application u/s 19 of the Administrative Tribunals Act, 1985 vide O. A. Stamp No. 209 of 2022, challenging the Inquiry Report dtd. 18/6/2014, Cancellation of Nomination Letter dtd. 1/11/1996, Government Resolutions dtd. 4/3/1991 and 24/6/1997. Since the Petitioner could not file the said proceeding within the period of one year contemplated u/s 21(1) of the Act, therefore, the petitioner filed the Application under sub-sec. 3 of Sec. 21 of the Act vide Misc. Application No. 62 of 2022 and prayed for condonation of delay of 7 years 4 months and 3 days caused while lodging the Original Application u/s 19 of the Administrative Tribunals Act, 1985 explaining sufficient and bonafide cause as well as circumstances. However, the learned Tribunal has arbitrarily dismissed the said application. Hence, prayed for quashing and setting aside the impugned order.