Chief Executive Officer vs S. Lalitha 2025 INSC 565 - Administrative Tribunals Act - CAT- Limitations
Administrative Tribunals Act 1985 - Section 19,20 - If the relevant service rules do not provide for making of a representation against final orders, by reason of absence of such a provision, the remedy of the aggrieved applicant-public servant would lie directly before the CAT in challenging the order/action of the authorities adverse or prejudicial to his interest; and, in such a case, an original application ought not to be rejected mechanically on the ground that all “remedies” have not been exhausted- If the relevant service rules do provide for making of a representation, the remedy made available has to be exhausted unless an exceptional case is set up-
Administrative Tribunals Act 1985 - Section 19,20 ,21- Except in cases where final orders are passed on appeals/ revisions/ memorials/ representations which are statutorily provided, limitation for the purpose of filing an original application under Section 19 of the 1985 Act , has to be reckoned keeping in mind the date of accrual of the cause of action and the proximity of the date of the representation, and the period of one year for filing an original application has to be counted from the date of expiry of six months from date of such a representation if no order were passed thereon- The cause of action cannot be deferred by making a highly belated representation and awaiting its outcome. (Para 35)
Constitution of India - Article 226 - unexplained delay or laches is considered one of the factors which could assume significance in denying relief when the discretionary writ remedy is invoked. In an appropriate case, a writ court may refuse to invoke its extraordinary powers if the applicant’s negligence or omission to assert his right combined with undue delay or laches and prejudice to the other party warrants such refusal. (Para 24)
Important Supreme Court judgment for lawyers and litigants dealing with cases before Central Administrative Tribunals (CAT): https://t.co/twpRuQxJnb pic.twitter.com/yGiycTzU0O
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