RAJ KUMAR Vs. UNION OF INDIA

JUDGEMENT

(1.) In this writ petition, the petitioner has prayed for quashing impugned judgment dated 26.06.2001, Annex.-8 passed by the Central Administrative Tribunal in original application No. 25/1999, whereby, the learned Tribunal dismissed the original application filed by the petitioner on the ground of limitation and observed that the original application of the applicant is hopelessly time-barred, therefore, deserves to be dismissed.

(2.) As per brief facts of the case, the petitioner was appointed to the post of Loco Clerk on 11.04.1975 at Loco Shed, Hanumangarh and he was promoted further as per rules on the posts of Fireman-II, Fireman-I, Shunter and Goods Driver. The day on which the petitioner preferred original application before the Tribunal he was holding the post of Goods Driver at Hanumangarh Junction, Northern Railway (Bikaner).

(3.) A charge-sheet was issued to the petitioner for inflicting major penalty and, after inquiry, a penalty of reduction to the lower post of Fireman II for a period of one year, subject to fitness by the competent authority, and postponing future increments was ordered vide order dated 24.02.1989. Against said penalty order, the petitioner preferred appeal; but, aforesaid penalty was enhanced by the appellate authority vide communication dated 21/26.06.1989 and order was made for reversion from the post of Fireman I to Fireman II permanently subject to review by ADRM after three years with certain other conditions. The petitioner being aggrieved and dissatisfied with both the above orders preferred original application before the Central Administrative Tribunal and said original application was registered as Original Application No. 701/1989.