JAGDISH PRASAD PATEL Vs. UNION OF INDIA

JUDGEMENT

(1.) CALLING in question tenability of an order dated 6th September, 2010 Annexure P -12 passed by the Central Administrative Tribunal in O. A. No. 409/08 dismissing an application filed by the petitioner under Section 19 of the Administrative Tribunal 's Act on the ground of delay in filing the statutory appeal, this writ petition has been filed under Article 227 of the Constitution.

(2.) PETITIONER was working as a Gramin Dak Sevak in the Postal Department and it seems that proceedings were initiated against him under the Gramin Dak Sevak (Conduct and Employment) Rules 2001 for certain acts of commission and omission. A charge -sheet was issued to him and in the departmental enquiry conducted, he was exonerated. However, a de -novo enquiry was conducted in which finding of guilt was recorded against him. He preferred a departmental appeal against it but on the ground of delay, the appellate authority has dismissed the appeal. Petitioner challenged the same before the Tribunal in the proceedings under Section 19 of the Administrative Tribunals Act and the Tribunal finding that the delay in filing of the appeal was not properly explained and the counsel was unable to explain the reason as to why there is a delay in filing of the appeal and there was no reasonable justification given for the delay occasioned and, therefore, the Tribunal did not go into the merits of the matter, dismissed the application as the appeal was filed belatedly.

(3.) THE manner in which the Tribunal has dismissed the application cannot be appreciated by us. When an employee is dismissed from service and when the departmental appeal is also not considered, the only independent forum available to such an employee is the Administrative Tribunal or the appropriate Court of law where the action of the employer is challenged.