Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Administrative Tribunals Act s. 21 Limitation Object of 1985 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Administrative Tribunals Act, 1985: s. 21 – Limitation – Suspension of appellant-Steward on charges of embezzlement and misappropriation – Registration of FIR – Thereafter, appellant committed theft in public place and registration of second FIR and conviction u/s. 379 IPC – Issuance of Memorandum removing appellant from service from the date of his conviction and direction to refund the subsistence allowance received by him – After a decade on account of compromise between the appellant and respondent, first FIR quashed by the High Court – Representation moved by appellant demanding retiral benefits – After 13 years from the date of Memorandum, application filed by appellant challenging the Memorandum – Tribunal set aside the memorandum and granted all benefits to the appellant – Writ petition by the respondent – Allowed by the High Court – On appeal, held: Sub-Section (3) of Section 21 is attracted when there is sufficient cause for the delay in filing an appeal beyond the period of limitation – Finding of the tribunal that the application had been filed within limitation, is patently erroneous and was rightly not accepted by the High Court – Successive representations do not save limitation and does not justify delay of about thirteen years in approaching the tribunal – Memorandum had to be challenged before the tribunal within the period of limitation as prescribed in s. 21(1)(b), which would start running from the date of expiry of six months from the date of filing of appeal or alternatively the appellant would have to show sufficient cause for the delay in filing the application beyond the period prescribed by limitation – It cannot be said that the quashing of the first FIR gave rise to afresh cause of action – Forfeiture of pensionary benefits by reason of a punitive order of termination is not a continuing cause of action – First FIR was not quashed on the ground that the same did not disclose any offence or was otherwise frivolous, vexatious or harassive – Also it cannot be said that absolute penury led the appellant to commit the offence u/s. 379 – Any sympathy for the appellant would be completely misplaced – Thus, the order of the High Court is upheld – Central Civil Services (Classification, Control and Appeal) Rules, 1965 – r. 19(1). Limitation: Object of – Held: Law of limitation is founded on public policy – Object of limitation is to put a quietus on stale and dead disputes – Person ought not to be allowed to agitate his claim after a long delay – When retiral benefits are withheld without cause, there would be a continuing cause of action – However, when retirement benefits are withheld by way of disciplinary action, the order would necessarily have to be challenged within the period of limitation or alternatively there would have to be sufficient cause for the delay. |
Judge | Hon'ble Ms. Justice Indira Banerjee |
Neutral Citation | 2019 INSC 964 |
Petitioner | Prahlad Raut |
Respondent | All India Institute Of Medical Sciences |
SCR | [2019] 11 S.C.R. 809 |
Judgement Date | 2019-08-27 |
Case Number | 6640 |
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