Mr.Janrao Kacharu Lonare vs Central Administrative Tribunal ...
2017 Latest Caselaw 7194 Bom

                                              1                   1409WP2356.02.odt


                IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                       NAGPUR BENCH : NAGPUR
                                   
                      WRIT PETITION NO.2356/2002

 Mr. Janrao S/o Kacharu Lonare,
 aged - Major, Occ. presently working
 as Khalasi under Inspector of Works 
 at Badnera Bhusawal Division, 
 Central Railway, R/o. At post - Majafile, 
 Ramabai Nagar, 
 Amravati - 444 701 (Maharashtra)                          :       PETITIONER

                ...VERSUS...

 1.             Central Administrative Tribunal,
                through its Chairman, Mumbai Bench, 
                Camp at Nagpur.

 2.             Union of India through
                General Manager, Central Railway, 
                CST, Mumbai - 400 001.

 3.             Divisional Railway Manager,
                Central Railway, Bhusawal (M.S.).  :     RESPONDENTS



 Mr. Y.R.Kinkhede h/f Mr. HD Dangre for petitioner
 __________________________________________________________


                CORAM :  R.K. Deshpande, Manish Pitale, JJ.

DATE : 14.09.2017.

ORAL JUDGMENT (Per R.K. Deshpande,J)

1. The challenge in this petition is to the order dated

21.03.2002 passed by the Central Administrative Tribunal

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dismissing the Original Application No. 2012/2001 filed by the

petitioner challenges his non-consideration for promotional post.

The original application has been dismissed only on the ground

that the Tribunal has no jurisdiction to condone the delay of more

than six months. The Tribunal has not gone into the merits of the

matter.

2. We have gone through the provision of Section 23(3)

therein of the Administrative Tribunal Act, 1985 and we find that

said provision has not been considered by the Central

Administrative Tribunal. There is no reference to the said

provision in the order impugned. We therefore, quash and set

aside the order and remand the matter back to the Tribunal, to

consider the application for condonation of delay on its own

merits, in the light subsection 3 of Section 21 of the Administrative

Tribunal Act for condonation of delay of more than six months

caused in filing original application.

3. In the result, we allow this writ petition and quash and set

aside the judgment and order dated 21.03.2002 passed in Original

Application No. 2012/2001. The matter remand back to the said

Tribunal to consider the original application in accordance with

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law in the light of observation made by this Court.

                JUDGE                            JUDGE

 Gohane