ABDUL RAHIM Vs. UNION OF INDIA

JUDGEMENT

(1.) THE writ petition has been filed against the order (Annexure P-16), dated 2-8-2005 passed by the Central Administrative Tribunal, Jabalpur.

(2.) THE applicant has prayed for the relief before the Tribunal in original Application No. 675/2005 to quash termination of order dated 23-7-2004 as illegal and without jurisdiction because petitioner's husband is mentally unsound and handicapped, therefore, entire proceeding is void and against the principles of natural justice. It was also prayed that respondent No. 3 be directed to ensure medical treatment to the husband of the petitioner and financial help to the family. All the documents be ordered to be supplied. Similar relief was prayed by the petitioner's wife in Original Application No. 642/2004 and the same was dismissed by the Central Administrative Tribunal on the ground that the original application was barred by limitation and no application for condonation of delay was filed. No supporting evidence of medical sickness was submitted. The original application was dismissed in view of the decision of the Apex Court in Ramesh Chand Sharma Vs. Udham Singh Kamal and others, 2000 (1) ATJ 178. Aggrieved by the order (Annexure P-16), dated 2-8-2005, the present writ petition has been preferred as the Tribunal has dismissed the original application as barred by res judicata.

(3.) SHRI Bhoop Singh, learned Counsel for the petitioner relying upon the decisions in the matters of Jaswant Singh and another Vs. Custodian of evacuee Property, New Delhi, AIR 1985 SC 1096, Haryana State Co-operative land Development Bank Vs. Neelam, 2005 AIR SCW 1439, Jagjeet Singh Vs. Bhopal Vikas Pradhikaran and another, AIR 2006 MP 92, has submitted that the tribunal was not right in dismissing the fresh original application as barred byres judicata. Previously, the matter was not adjudicated on merits.