BASANTILATA DASH Vs. UNION OF INDIA

JUDGEMENT

(1.) In the instant matter, the question for consideration before this Court is as to whether the application for setting aside the order of dismissal of any representation/OA for default is maintainable after the prescribed period of limitation alongwith application for condonation of delay in filing the same.

(2.) THE Central Administrative Tribunal, Cuttack Bench, Cuttack, vide impugned order dated 8.11.2005 passed in two M.As. including the OA of the instant petitioner (O.A. No. 262 of 2001), dismissed the application of the petitioner for restoration which was filed after the prescribed period of limitation alongwith an application for condonation of delay on the ground that the Tribunal has no power to entertain the same as it was filed beyond the time stipulated. The Tribunal has placed reliance on the case of Rajayya Bosi v. Union of India and Ors. : 96(2003)CLT230 . There this Court relying on a judgment of Hon'ble Supreme Court rendered in the case of Director, Government of India v. General Secretary, Central Government Small Scale Industries Organization Employees Union and Anr. : AIR1999SC553 has held that the Tribunal has no power to entertain the review application if it is filed beyond the time stipulated. It was also held therein that the provision of Section 29(2) of the Limitation Act, 1963 cannot be pressed into service to decide an application for restoration filed beyond the period of limitation prescribed under Rule 17(i) of the Central Administrative Tribunals (Procedure) Rules, 1988.

(3.) IN the Central Administrative Tribunal (Procedure) Rules, 1987, a provision has been made in respect of the application for review in Rule -17 and Clause (1) of the same is relevant which is quoted as under: 17.Application for review -1. No application for review shall be entertained unless it is filed within thirty days from the date of receipt of copy of the order sought to be reviewed. However, no such provision has been made in respect of the restoration of the OA/representation, which has been dismissed for default.