Just a moment...
Convert scanned orders, printed notices, PDFs and images into clean, searchable, editable text within seconds. Starting at 2 Credits/page
Try Now →Press 'Enter' to add multiple search terms. Rules for Better Search
Use comma for multiple locations.
---------------- For section wise search only -----------------
Accuracy Level ~ 90%
Press 'Enter' after typing page number.
Press 'Enter' after typing page number.
No Folders have been created
Are you sure you want to delete "My most important" ?
NOTE:
Press 'Enter' after typing page number.
Press 'Enter' after typing page number.
Don't have an account? Register Here
Press 'Enter' after typing page number.
Issues: Whether the Tribunal was justified in condoning delay in filing the application under Section 21 of the Administrative Tribunals Act, 1985.
Analysis: Section 21 prescribes the limitation period for applications before the Tribunal and permits admission after expiry only if the applicant satisfies the Tribunal that there was sufficient cause for not making the application within the prescribed period. The explanation offered must account for the delay beyond the relevant statutory period; no explanation is required for the period during which the application is still within the prescribed limitation. The non obstante clause in sub-section (3) enables condonation only after the expiry of the statutory period and on a proper showing of sufficient cause. On the facts, the explanation that the respondents filed the application after learning of relief granted in another matter did not explain why they had not sought redress within the prescribed time.
Conclusion: The Tribunal was not justified in condoning the delay, and the condonation order was unsustainable.
Ratio Decidendi: Under Section 21 of the Administrative Tribunals Act, 1985, delay can be condoned only for the period beyond the prescribed limitation on proof of sufficient cause, and the applicant must explain the delay after expiry of that statutory period.