Oskar Anjlus Karketa v. Union Of India Through Gen. Manager, Central Railway, Cst, Mumbai And ORS

1 7 WP 393-2020.doc Sequeira

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 393 OF 2020 Oskar Anjlus Karketa .. Petitioner Vs Union of India and others .. Respondents Ms.Manda D.Loke, for the Petitioner.

CORAM : NITIN JAMDAR & M.S.KARNIK , JJ.

Date : 21 January 2020.

P.C. :

By this Petition the Petitioner has challenged the order passed by the Central Administrative Tribunal Mumbai, rejecting the Miscellaneous Application No.298 of 2014 filed for condonation of delay in filing Original Application No.259 of 2014. 2.

By filing the Original Application, the Petitioner had challenged the order dated 12/17- April 2001, of his removal from service, the order passed by the Appellate Authority on 26 June 2001 / 3 July 2001 and the Revision order is passed on 18 March 2009. The Original Application along with application for condonation of delay was filed on 23 October 2013. It was rejected by the impugned

2 7 WP 393-2020.doc order dated 7 August 2018. Thereafter this Petition is filed on 26 June 2019.

3.

We have gone through the order passed by the Tribunal rejecting the application for condonation of delay. In essence, the Petitioner has challenged the dismissal of the year 2001 and the order rejecting the Revision in the year 2009. The Tribunal has rightly noted that such gross delay was not satisfactorily explained. The learned Counsel for the Petitioner sought to contend that there were family difficulties however, we do not find the delay of three years, even assuming it is to be counted from dismissal or of the order of Revision Petition, was justified. It cannot be said that view taken by the Tribunal is perverse.

4.

Writ Petition is accordingly dismissed.

M.S.KARNIK, J.

NITIN JAMDAR, J.

Maria Luiza Sequeira by Maria Luiza Sequeira Date: 2020.01.24 12:24:26 +0530