RAM SEVAK GUPTA Vs. UNION OF INDIA

JUDGEMENT

(1.) IN the instant case, we are required to decide whether any illegality can be allowed to be sustained on the sole ground of delay and laches.

(2.) THE petitioner herein is aggrieved by the judgment and order dated 31st August, 2007 passed by the Central Administrative Tribunal, Calcutta Bench whereby and whereunder the said learned tribunal refused to entertain the original application filed by the said petitioner and accordingly dismissed both the original application being O.A. 257 of 2006 and the connected application being MA 235 of 2006 on the ground that the same were time barred. From the records we find that the petitioner herein applied for the post of Assistant Station Master in response to an advertisement issued by the Railway Recruitment Board. THE Railway Recruitment Board thereafter, conducted written examination as well as viva voce for the purpose of selecting candidates. THE petitioner was selected in the said written examination and viva-voce test.

(3.) THE petitioner thereafter by a written communication dated 5th October 1993 requested the Senior Personnel Officer (RP), Eastern Railways to issue further medical Memo for medical examination by any authorised medical officer of the Railway excepting Dhanbad Railway Medical Hospital. Considering the aforesaid prayer further medical memo was issued to the petitioner for medical examination by the Railway Medical Officer, Howrah. THE concerned railway medical officer at Howrah examined the petitioner and declared him medically fit for appointment as Trainee ASM. THE petitioner submitted the aforesaid medical certificate issued by the Railway Medical Officer, Howrah to the Senior Personnel Officer for the purpose of allowing him to join the training. According to the petitioner, the competent authority of the Railways did not allow the said petitioner to undergo training in spite of submission of the medical fitness certificate.