- (1.) Heard Sri Manish Kumar Pandey, learned counsel for the petitioner and learned counsel for the respondents.
(2.) The petitioner has preferred a claim petition under Section 4 of the U.P. Public Services (Tribunal) Act, 1976 (in short Tribunal Act) challenging the orders dated 7.7.2010 and 13.12.2010 by which punishment of deduction of pay equivalent to one month salary was awarded and appeal arising therefrom was dismissed.
(3.) The claim petition of the petitioner remained pending from 2010 till 2017 when the petitioner got the said claim petition dismissed as withdrawn vide order dated 24.7.2017. The tribunal in allowing the application for withdrawal of the claim petition observed that the claim petition is dismissed as withdrawn and the petitioner is permitted to file a fresh petition, if the law permits. Thereafter, petitioner preferred another claim petition in the year 2017. The said claim petition has been dismissed as barred by limitation by the impugned order dated 12.7.2018. The tribunal in dismissing the claim petition observed that in view of Section 5 of the Tribunal Act the period of limitation for making a claim/reference is one year and since the petitioner is challenging the orders dated 7.7.2010 and 13.12.2010, the claim petition as presented in the year 2017 is apparently barred by time by more than six years.;