UTPAL SUTRADHAR SON OF LATE DINABANDHU SUTRADHAR Vs. UNION OF INDIA REPRESENTED BY THE SECRETARY TO THE GOVERNMENT OF INDIA

JUDGEMENT

(1.) THIS application filed under Article 227 of the Constitution of India, is directed against the judgment and order dated 24.5.2011, by which the Original Application (OA) filed by the petitioner under Section 19 of the administrative Tribunal act, 1985 before the Central Administrative Tribunal (for short the Tribunal), assailing the legality and / or validity of the selection and appointment of the respondent No.4 as Pattern Maker-cum-Designer, was dismissed. It appears that the Tribunal has dismissed the OA on the ground of being barred by limitation as well as on merit.

(2.) WE have heard Mr. G.S. Bhattacharji, learned counsel for the petitioner as well as Mr. P.K. Biswas, learned ASGI. WE have also hearing Mr. Somik Deb, learned counsel representing the respondent No.4.

(3.) AS per the provisions of Section 21 of the Administrative Tribunal act, 1985, an application under Section 19 of the said Act is required to be filed within one year of the adverse order. However, the petitioner did not do anything of this sort and instead kept on waiting and virtually accepted the selection and appointment of the respondent No.4.