DINESH KUMAR Vs. UNION OF INDIA AND OTHERS

JUDGEMENT

(1.) At the request of learned counsel for the parties, arguments were heard and writ petition is being disposed off finally.

(2.) Petitioner has preferred this writ petition challenging order dated 13.07.2011 passed by Central Administrative Tribunal, Jaipur Bench(for short 'the Tribunal'), whereby Original Application No. 268/2011, filed by the petitioner challenging Memorandum dated 01.05.2003, has been dismissed on the ground of limitation.

(3.) The facts of the case, in brief, are that the respondents served Memorandum dated 01.05.2003 on the petitioner under Rule 16 of the CCS(CCA) Rules, 1965, but the said enquiry could not be concluded in last more then eight years. The petitioner, therefore, filed original application before the Tribunal for quashing of Memorandum dated 01.05.2003 itself, on the ground that the respondents failed to complete the enquiry within a period of eight years. Learned Tribunal was of the view that there is limitation prescribed for filing of the original application and the same has not been filed within a period of limitation, therefore, the petitioner cannot be allowed to challenge Memorandum dated 01.05.2003 in the year 2011 and dismissed the original application filed by the petitioner as barred by limitation.