- (1.) THOUGH the special appeal is barred by limitation, as it has been filed beyond ten days of the period of limitation, learned counsel for the respondents has no objection, in case the delay is condoned.
(2.) WE also feel that the delay of ten days is not such, so as not to entertain the appeal on merits. The appellant, while working as Rakshak (now known as Constable) in Railway Protection Force, having found involved in a criminal case, was removed from service vide order dated 29.12.88. The appellant did not pursue the depart­mental remedy of appeal or revision nor challenged the order of removal from service in any court of law for a period of approximately four years, when in the year 1992 he filed a regular suit bearing number 283 of 1992 in the civil court against the order of removal. The suit was dismissed by the learned trial court on 24.12.99 on the ground of limitation.
(3.) AGAINST the said judgment and order, regular civil appeal was filed, wherein a plea was taken by the respondents that the matter being a service matter, is cognizable before the Central Administrative Tribunal and, therefore, in view of the judgment of the Supreme Court in the case of Union of India v. L. Chandra Kumar and others, (1997) 3 SCC 261, the appellate court was not having jurisdiction to hear the appeal and the appeal was not maintainable. The appellant's counsel agreed to the said objection and conceded that the appeal was not maintainable and that the remedy lies in Central Administrative Tribunal, which persuaded the Court to pass an order accordingly. The appellate court, therefore, allowed the application moved by the respondents and directed that the appeal be returned to the appellant for being presented in the appropriate court. This order was passed on 17.9.07.;