Full Text
HIGH COURT OF DELHI
Date of Decision: 11.05.2022
DR. JATINDER BALI ..... Petitioner
Through: Mr Kundan Kumar Lal, Advocate
Through: Mr Anand Prakash, Standing Counsel with Ms Varsha Arya and Mr Sanjay Kumar, Advocates
HON'BLE MS. JUSTICE SWARANA KANTA SHARMA NAJMI WAZIRI, J. (ORAL)
The hearing has been conducted through hybrid mode (physical and virtual hearing).
JUDGMENT
1. The impugned order of the Central Administrative Tribunal (“CAT”) has dismissed the petitioner’s O.A. on the ground that it was filed beyond a year of the purported lis having arisen.
2. The petitioner joined his new post on 22.08.2019. He could have raised the lis by the 21.08.2020. A nationwide lockdown came into effect on the night of 24.03.2020.
3. In W.P.(C) 3/2020 the Supreme Court had directed inter alia, 2022:DHC:2010-DB reads as under:- “...
5. Taking into consideration the arguments advanced by learned counsel and the impact of the surge of the virus on public health and adversities faced by litigants in the prevailing conditions, we deem it appropriate to dispose of the M.A. No. 21 of 2022 with the following directions:
I. The order dated 23.03.2020 is restored and in continuation of the subsequent orders dated 08.03.2021, 27.04.2021 and 23.09.2021, it is directed that the period from 15.03.2020 till 28.02.2022 shall stand excluded for the purposes of limitation as may be prescribed under any general or special laws in respect of all judicial or quasi-judicial proceedings.
II. Consequently, the balance period of limitation remaining as on 03.10.2021, if any, shall become available with effect from 01.03.2022.
III. In cases where the limitation would have expired during the period between 15.03.2020 till 28.02.2022, notwithstanding the actual balance period of limitation remaining, all persons shall have a limitation period of 90 days from 01.03.2022. In the event the actual balance period of limitation remaining, with effect from 01.03.2022 is greater than 90 days, that longer period shall apply...”
4. All limitations apropos proceedings before court stood suspended till 28.02.2022, therefore, the petitioner would have had another five months from 24.03.2020 to file the petition. Taking the said period into account, the petitioner’s O.A., would prima facie, be deemed to be within time. The petitioner filed his O.A. in February, 2022 therefore, taking the aforesaid circumstance in mind, it is held to be within the limitation period.
5. Issue notice. The learned counsel named above accepts notice on behalf of the respondent along with an e-copy of the petition. Since the issue involved is small, at joint request, the matter is taken up for disposal.
6. In view of the above, the O.A. being filed within limitation period it needs to be considered by the learned Tribunal. Accordingly, the impugned order, is set aside. The case is remanded to the learned Tribunal for decision on merits. The parties shall appear before the learned Tribunal on 26.05.2022. The petition, along with pending applications, is disposed-off in the above terms. It will be open to the parties to file additional documents in support of their respective contentions.
NAJMI WAZIRI, J SWARANA KANTA SHARMA, J MAY 11, 2022