R.S.TEGTA Vs. STATE OF H.P.

JUDGEMENT

(1.) This writ petition under Articles 226 and 227 of the Constitution of India is directed against the Order of the learned HP. State Administrative Tribunal (hereinafter referred to as the Tribunal) dated 6th December, 1999 whereby the Original Application No. 60/1988 of the petitioner was dismissed as being barred by limitation under Section 21 of the Administrative Tribunal Act (hereinafter referred to as the Act).

(2.) The present petitioner was the applicant before the Tribunal. He is employed with respondent No. 1. The respondent No. 3 was promoted as Superintendent on 14.3.1984. The petitioner filed a representation against the promotion of respondent No. 3. This representation was rejected by the Managing Director of the respondent -Corporation on 24th February, 1988. The O.A. was filed in March, 1988 itself. In reply to the O.A. the respondent -Corporation has raised the plea of limitation, which reads as follows: - "That apart from being barred by delay and latches, the application is not maintainable on account of being barred by limitation also. The impugned order Annexure P -14 has been issued by Shri V.P. Mohan, IFS Managing Director of the respondent -Corporation with a mala fide intention to bring the application of the applicant within limitation. The applicant submitted representation dated 5.6.1984 to the Chairman, and not to the Managing Director. Perhaps he was not seriously disputing the appointment of the applicant to the post in question therefore, he conveniently slept over the matter for about 4 years. And one fine morning he woke -up from his deep slumber and learnt (See Annexure P -13 dated 1.2.1988) that his "case is still under consideration" in the office of Shri V.P. Mohan, the worthy Managing Director. Here again he conveniently forgot that he had represented to the Chairman and not to the Managing Director. Shri V.P. Mohan, the Managing Director entertained the re -presentation addressed to the Chairman on the basis of reminder dated 1.2.1988 (Annexure P -13) and with unusual promptness disposed off the representation of the applicant. -

(3.) The Managing Director Shri V.P. Mohan has entertained the representation of the applicant with a view to harm and harass the replying respondent since he is prejudiced and biased against the replying respondent