Shri.M.Suresh Kumar v. Union Of India And ORS.

IN THE HIGH COURT AT CALCUTTA

[ CIRCUIT BENCH AT PORT BLAIR ] *** WP.CT/41/2025 Shri M. Suresh Kumar Vs.

The Union of India and others Mr. Gopala Binnu Kumar Mr. Samson Stephen ...

for the petitioner Mr. Rakesh Kumar ...

for the respondents November 4, 2025 [SR] Item No.1 This writ application arises out of orders dated April, 28,2025 passed in OA/351/175/2024 and the order dated 25th July, 2025 passed in Review No.351/00029/2025. By the order impugned, the learned Tribunal dismissed the original application on the point of limitation, although none appeared on behalf of the applicant. The review was also dismissed as no grounds for review had been made out by the petitioner. In our view, the matter could have been dismissed for default. Instead, the issue of limitation was decided.

Secondly, the petitioner appears to have been let down by his learned advocate, who did not appear before the Tribunal and also did not avail the opportunities granted by the Tribunal to file an applciation for condonation of delay. Mr. Gopala Binnu Kumar, learned advocate for the petitioner submits that the order has caused serious injustice to the petitioner as the issue involved in the original application ought to have been decided on merits. The promotional avenue of the petitioner has suffered, owing to a policy of the Ministry of Defence.

We are not inclined to go into any question on merits. The challenge to the decision of the Ministry of Defence was neither decided nor looked into by the learned Tribunal. Mr. V.D.Sivabalan, learned advocate for the respondent submits that the Tribunal did not have option, but to dismiss the application as the petitioner was negligent and careless in pursuing his remedy under the law.

In the absence of the learned advocate for the petitioner, learned Tribunal dismissed the original application on the ground of limitation.

We are of the view that justice demands that an opportunity should be given to the petitioner to avail of this remedy before the learned Tribunal. Under such circumstances, the orders impugned deserve to be set aside.

The petitioner is granted liberty to file a fresh application before the learned Tribunal on the self same cause of action and subsequent causes of action if any, with better particulars. If the relief prayed for is delayed, the petitioner is also at liberty to file appropriate application.

However, this liberty shall not be construed as an opinion of this Court on the right of the petitioner to have his original application admitted. Learned Tribunal will decide the entire issue, including the point of limitation, if any, independently. The orders impugned dated 28th April, 2025 and the order dated 25th July,2025 are set aside.

Parties to act in terms of the server copy of this order downloaded from the website of this Hon'ble Court. ( Shampa Sarkar, J. ) ( Ananya Bandyopadhyay, J. )