V NARSIMHA BABU Vs. GOVT OF ANDHRA PRADESH

JUDGEMENT

(1.) This writ petition raises an important question regarding the application of Section 5 of the Indian Limitation Act, 1963, for condoning the delay in filing review application before the Administrative Tribunals constituted under the Administrative Tribunals Act, 1985.

(2.) The petitioner had earlier filed RP Nos. 11143 to 11147 of 1989, but the same were dismissed on 26-10-1995. A review petition was filed, but there was a delay of 319 days. By order dated 21-7-1998 passed by A.P. Administrative Tribunal in M.A. No.380/97 and related SR it was held that review application was time barred and that the Supreme Court in one of the decisions held that the Tribunal has no authority to relax the time prescribed under the Rules. No Supreme Court judgment was referred to, but it is very vaguely stated:

(3.) In all fairness, the Tribunal ought to have specifically mentioned the Judgment of the Apex Court. It should be borne in, mind that the law laid down by the Apex Court is law of the land under Article 141 of the Constitution and when that law is referred to, the same has to be specific and cannot be vague in this manner. While relying upon the judgment, which is a stare decisis, apart from mentioning the same specifically, some facts are also to be mentioned so as to draw the analogy to justify the application of stare decisis and it is more so when a judicial body passes a judicial order.