- (1.) THIS is an application under Article 226 of the Constitution of India against order dated September 16, 2011 passed by the Central Administrative Tribunal, Calcutta Bench, in Original Application No. 420 of 2011.
(2.) BY order dated January 29, 2007 this writ petitioner was dismissed from service. On March 10, 2007 the writ petitioner submitted an appeal before the appellate authority. Unfortunately, he forgot to put his signature in the appeal. The disciplinary authority refused to forward the appeal to the appellate authority on the ground, it was defective. When attention of the petitioner was drawn that the appeal was defective, he filed yet another appeal on June 4, 2007. The appellate authority did not consider the appeal on merits and proceeded on the basis that the application was barred by limitation as the order of dismissal was passed on January 2007. Due to such inaction the petitioner approached the Central Administrative Tribunal some time in the year 2011.
(3.) AFTER hearing Mr. Tapabrata Chakraborty, learned advocate appearing on behalf of the petitioner, and Mr. Moloy Kumar Das, learned advocate appearing on behalf of the respondent authorities, and considering the nature of the grievance of the petitioner, we feel that justice will be subserved if the writ petition is disposed of by directing the appellate authority to consider and dispose of the appeal filed on June 4, 2007 in accordance with law after giving an opportunity of hearing to the petitioner or his authorized representatives within three months. The appellate authority is, further, directed to communicate his speaking and reasoned order to the appellant forthwith.;