meaning of Limitation under section 21 of the Administrative Tribunal Act-1985
Querist :
Anonymous
(Querist) 05 October 2010
This query is : Resolved
Dear Experts,
Thank you for previous encouraging responses
As I have specified that my O.A has been allowed at CAT and I have filed the Contempt Petition which has directed the respondents to comply the order with in 10 days else to appear in person before the Court
The respondents choose to file the writ petition which was listed on today. The Writ petitioners has raised the question of limitation as the plea raised by me for regularisation of services relates to select panel of year 2002 and cannot be allowed to agitated in year 2009
On my side I raised that petitioner has kept my candidature in dark for several years and I came to know through RTI applications and they replied to my representation in year 2008 only and thus its well with in the limitation period
The Hon'ble Court though has not given stay on the contempt Proceedings as the Petitioner has approached before the court after the expiry period but has transferred the matter to the CAT in reagrds to the reconsider it for delay and latches caused
My queries are:
1 whether the O.A can be barred by limitation under section 21 of A.T act-1985 .Section 21 speaks that the application should be made within one year from the date of received of order in reply to the representation. Since my Application is made well with in the limitataion period from the date of reverse order how can it bee barred by limiataion?
2Whether CAT can revive its own order ? In previous Judgment though Respondent has rasied the question of limitation in its preliminary objections and I have replied satisfactorily in my rejoinder. Whether CAT can revive its order when he has already given order in its contempt petition to regularise me with in 10 days?
Regards
