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2025 DAILYLAW 57035 (ALL)

DEEPAK KUMAR PASWAN v. UNION OF INDIA AND 3 OTHERS

WRIA/10250/2025 · 2025-08-05

Arun Bhansali, Kshitij Shailendra

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:132421-DB Chief Justice's Court Case :- WRIT - A No. - 10250 of 2025 Petitioner :- Deepak Kumar Paswan Respondent :- Union of India and 3 others Counsel for Petitioner :- Vinay Kumar Dwivedi, Vinod Kumar Ojha Counsel for Respondent :- A.S.G.I., Manoj Kumar Singh Hon'ble Arun Bhansali, Chief Justice Hon'ble Kshitij Shailendra, J. 1. This petition is directed against order dated 13.02.2023 passed by Central Administrative Tribunal, Allahabad Bench, Allahabad in Original Application No. 1111 of 2017, whereby the Original Application filed by the petitioner has been dismissed as barred by limitation. 2. The Original Application was filed seeking to question the validity of orders dated 02.12.2003, 13.02.2004 and 12.05.2004 whereby the petitioner was removed from service from the post of Bungalow Peon, his Departmental Appeal was dismissed and the revision was also dismissed, respectively. 3. The Original Application was filed on 05.10.2016 before the Tribunal along with miscellaneous application seeking condonation of delay inter alia on the ground that the petitioner had filed a mercy petition and was awaiting its disposal. 4. The Tribunal, after hearing the parties, came to the conclusion that the mercy petition was not prescribed in the rules and once the remedies were exhausted on 12.05.2004, filing of the Original Application on 05.10.2016 on the purported ground of pendency of mercy petition, cannot be a sufficient ground for condonation of delay and consequently dismissed the miscellaneous application as well as the Original Application. 5. The present petition has also been filed after more than two years on 28.05.2025 seeking to question the validity of the order passed, however, in the petition also, nothing has been indicated seeking to explain the delay in filing the Original Application as well as the writ petition before this Court except for reiterating the fact of seeking mercy on account of the status of the petitioner. 6. The limitation provided in the Administrative Tribunal Act, 1985 is statutory and once the petitioner has failed to make out any case seeking condonation of delay, either before the Tribunal or before this Court, we do not find any good reason to interfere with the order impugned. 7. The petition has no substance, the same is therefore, dismissed. Order Date :- 6.8.2025 AHA/Jyotsana (Kshitij Shailendra, J) (Arun Bhansali, CJ) Digitally signed by :- AFZAL HUSAIN ABBASI High Court of Judicature at Allahabad