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SANJAY K. AGRAWAL, RADHAKISHAN AGRAWAL
N. Prasanna Lakshmi, Wd/o. Late N. Laxman Rao – Appellant
Versus
Union of India, through the Secretary, Ministry of Railways – Respondent
ORDER :
(Sanjay K. Agrawal, J.)
1. Invoking jurisdiction of this Court under Article 226 of the Constitution of India the writ petitioner herein has filed this writ petition calling in question the legality, validity and correctness of the impugned order dated 22nd January, 2020 passed by the Central Administrative Tribunal, Jabalpur Bench, Circuit Sitting at Bilaspur, by which petitioner's application for condonation of delay in filing application under Section 21 of the Administrative Tribunals Act, 1985 (herein after referred as “the Act, 1985”) has been rejected and consequently, the original application has also been dismissed.
2. Petitioner's husband late Shri N. Laxman Rao was working with respondent – Railway as a Gate Keeper. He was subjected to disciplinary proceeding for his misconduct, whereas, in disciplinary proceedings, by order dated 30.11.2010 he was inflicted with the penalty of compulsory retirement and ultimately by order dated 10.12.2010 he was compulsorily retired. Against the order of compulsory retirement he filed the appeal before the Appellate Authority and the same was dismissed by order dated 28.06.2011 against which he preferred the revision petition befor
Inordinate unexplained delay of 20 years bars condonation; doctrine of laches prevents revival of stale claims.
The main legal point established is that 'sufficient cause' for condonation of delay should arise post the order being challenged and continue until the filing of the application, and the extension o....
A significant delay in filing an application must be justified with sufficient cause; mere oral assurances do not constitute adequate grounds for condonation.
The interpretation of 'sufficient cause' in the context of delay condonation applications should be liberal, focusing on the reasons for the delay rather than the duration alone, provided there is no....
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