VISHWANATH Vs. UNION OF INDIA

JUDGEMENT

(1.) What should be the proper interpretation of sub-section (3) of Section 21 of the Administrative Tribunals Act, 1985 is the question involved in this petition. Facts :

(2.) The petitioner herein was removed from service on 2.6.1995. He allegedly came to know of the same on 31.8.1998. A revision petition was filed by him before the 2nd respondent on 18.11.1998. The same was dismissed by order dated 14.6.1999 whereafter he filed the original application. A miscellaneous application was filed for condoning of delay which was dismissed on 2.3.2001. A writ petition was filed by the petitioner herein questioning the said order which was marked as Writ Petition No.7486 of 2001.

(3.) As the subsequent events had not been taken into consideration, this Court set aside the said order and requested the Tribunal to consider the matter afresh. The impugned order has been passed pursuant thereto. The learned Tribunal refused to condone the delay of 8 months holding that the petitioner ought to have filed an application by 14.6.1999 but he did so only on 15.2.2001.