ASHOK KUMAR JAGGI Vs. CENTRAL ADMINISTRATIVE TRIBUNAL

JUDGEMENT

(1.) CHALLENGE in the present writ petition is to an order passed by the Central Administrative Tribunal on 13.1.2010 whereby an original application filed by the petitioner under Section 19 of the Administrative Tribunals Act, 1985 against the order of removal from service remained unsuccessful.

(2.) THE petitioner was working as Phone Inspector (Legal) in the Ferozepur Secondary Switching Area. As per the petitioner, he proceeded on medical leave on 9.10.1997 for the reason that he was suffering from Angina and Hypertension. The petitioner relies upon treatment from a Registered Medical Practitioner and some other doctors of his absence till 24.8.2000. The petitioner was charge -sheeted on 13.2.2001 for remaining absent from duty without information for the period 9.10.1997 to 24.8.2000. An enquiry was conducted and the enquiry officer proved the charges against the petitioner in his report dated 23.1.2003. Copy of the enquiry report was supplied to the petitioner on 20.8.2004 and after considering the reply, an order of removal was passed on 3.11.2004. An appeal against the order of removal was dismissed on 21.2.2005. Earlier, an original application filed by the petitioner before the Tribunal was withdrawn on 14.12.2006 to file a revision petition before the competent Authority. Such revision was dismissed on 7.8.2008. It is thereafter the petitioner again invoked the jurisdiction of the Tribunal. The Tribunal dismissed such original application vide order dated 13.1.2010, now impunged in the present writ petition.

(3.) WE may notice that the present writ petition has been filed after more than 3 years and 8 months of the order passed by the Tribunal and thus suffers from delay and laches.