Allahabad High Court
Ex Army Rifleman Yashveer Singh vs Learned Armed Forces Tribunal, ... on 16 July, 2021
Bench: Devendra Kumar Upadhyaya, Ajai Kumar Srivastava-I
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Court No. - 2
Case :- SERVICE BENCH No. - 14836 of 2021
Petitioner :- Ex Army Rifleman Yashveer Singh
Respondent :- Learned Armed Forces Tribunal, Lko Bench, Lko & Others
Counsel for Petitioner :- Nand Kishore
Counsel for Respondent :- A.S.G.
Hon'ble Devendra Kumar Upadhyaya,J.
Hon'ble Ajai Kumar Srivastava-I,J.
Heard learned counsel for the petitioner and Shri S. B. Pandey, learned Assistant Solicitor General of India assisted by Shri Varun Pandey, learned counsel for the respondent.
Under challenge in this writ petition filed under Article 226 of the Constitution of India is the order dated 22.01.2021 passed by Armed Force Tribunal, Regional Bench, Lucknow, whereby the original application preferred by the petitioner was rejected on the ground of delay.
The Learned Tribunal on perusal of the averments made in the original application filed before it including the averments relating explanation for delay has come to the conclusion in the impugned judgment and order dated 22.01.2021 that the explanation offered by the petitioner for delay in filing the original application was not sufficient.
The explanation offered explaining the delay in preferring the original application in the year 2020 challenging the order passed in the year 2003 can be found in the affidavit filed by the petitioner before the Armed Forces Tribunal in support of the application for condonation of delay. Paras 4, 5, 6 and 7 of the said affidavits are extracted herein below :
"4. That looking the condition the appellant mentally and economical condition has been became very poor and there was any source of income livelihood to his life for his children then after some time he mental and economical condition has been improved then he move an application on 13.08.2006, 10.08.2006 by registered post for getting discharge book as well as disabilities, pension. But there is no any response passed by opposite parties.
5. That after again has economical condition he become very poor and there is no any response by the opposite parties. That after same his son's become young worked agriculture with their father then his economic condition has become improved then they moved an reminder on 13.01.2019 and 05.10.2020 under Section 26 of the Army Act 1950 before opposite party no.2, the Army Chief Staff, New Delhi by registered post, but there is no any response by the opposite party. Then the appellants has filed aforesaid Original Application before the Hon'ble Tribunal.
6. That looking this condition, the applicant who has moved an application before opposite party no.3, Chief Record Officer, Rajputana Rifles, New Delhi under section Right of Information Act, 2005 for getting some information on 29.08.2019 by registered post but there is no any response by the opposite party no.3.
7. That applicant who has become very nerves then he moved an appeal before Lt. General, Rajputana Rifles, Delhi Cant. On 27.07.2020 under Section 19 of RTI Act, 2005 by post."
From a perusal of the aforesaid explanation as contained in the affidavit filed in support of the application for condonation of delay before the learned Tribunal, what we find is that the facts stated therein do not constitute satisfactory explanation for approaching the Armed Force Tribunal with delay of 17 years.
The learned Tribunal has, thus, appropriately observed in the impugned order dated 22.01.2021 that it is settled law that if any time limit is given for filing any application and the same is not filed within that time, delay should be explained on day to day basis, which the applicant has utterly failed.
We have no reason to disagree with the finding recorded by the Armed Forces Tribunal while passing the impugned order.
The writ petition is devoid of merit and it is hereby dismissed.
Order Date :- 16.7.2021
Mahesh
