D.P. SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) Notice has been served through Dasti Service on respondent Nos.4 & 6, in spite thereof, none appears. Challenging the order dated 15 th January, 2014 (Annexure -P/1) passed by the Central Administrative Tribunal dismissing the application filed by the petitioner under section 19 of the Administrative Tribunals Act,1988 this writ petition has been filed under article 227 of the Constitution.

(2.) It is pointed out by Shri A.P.Singh, Advocate that only on the ground that the petitioner was granted IPS cadre in the year 2005 and respondent No.6 in the aforesaid cadre in the year 2002 and the petitioner did not challenge this action in the year 2002 or 2005 but challenged the same in the year 2013 and after holding that no application for condonation of delay was filed the application under section 19 was dismissed at the stage of admission itself without granting liberty to the petitioner to file rejoinder to clarify the position. Shri A.P.Singh, Advocate points out that cause of action for grievance to the petitioner accrued in the year 2013 and when the respondent No.6 was being promoted as IG from the cadre of DIG it is pointed out that in view of this the application was within limitation.

(3.) On notice being issued, Union of India has not filed any reply; however, respondent No.1 UPSC has filed the reply and it is pointed out that matter is pending consideration before the State Government and a representation filed by the petitioner dated 4.3.2013 Annexure -P/9 in the matter is pending before the State Government and it is for the State Government to take a decision in the matter. As far as the State Government is concerned they have not filed any reply but only said that the order passed by the Tribunal is proper. Having heard learned counsel for the parties, the facts available on record go to show that representation Annexure -P/9 dated 4.3.2013 filed by the petitioner, is still pending for consideration.