LAWS(APH)-2001-9-150

DILIP KUMAR NATH Vs. UNION OF INDIA

Decided On September 11, 2001
DILIP KUMAR NATH Appellant
V/S
UNION OF INDIA Respondents

JUDGEMENT

(1.) The petitioner in this application is questioning the impugned order dated 26.7.2001 passed by the learned Central Administrative Tribunal whereby and whereunder his original application filed for refixation of his seniority has been dismissed.

(2.) In sum and substance, the petitioner questioned the seniority list prepared in the year 1977. On the petitioner's own showing, since 1983, he had been filing representations. It appears that some consolidated representation was filed only in the year 2000 which evoked some response from the officers who, we do not know whether they have any final say in the matter. Taking advantage of certain letters issued by some officers from Survey Training Institute, the original application as filed.

(3.) The learned Counsel for the petitioner would submit that the learned Tribunal has wrongly dismissed the O.A. on the ground of delay and laches alone despite the well-settled legal position that delay and laches would not come in the way of deciding a matter on merits. The learned Counsel would, therefore, submit that the impugned order could not have been passed against the petitioner who approached the learned Tribunal seeking redressal of violations of his fundamental rights.