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1998 DIGILAW 886 (SC)

Commandant, TSP v. Easwarmoorthy

1998-08-06

A.P.MISRA, K.VENKATASWAMI

body1998
ORDER : A.P. Mishra, J. The respondent who was working as a Havaldar in the Tamil Nadu Special Police was compulsorily retired from service by an order dated 28-2-1979. Though it was stated that in 1985, he moved the High Court challenging the order of compulsory retirement, that was not established. Again, before moving the Tribunal in 1993, he was said to have made a representation on 6-2-1992 for reconsideration of the order dated 28-2-1979, compulsorily retiring him from service. Thereafter the appellant has moved the Tamil Nadu Administrative Tribunal challenging the order compulsorily retiring him from service. In spite of unexplained inordinate delay in moving the Tribunal and in the face of express provisions of Section 21, the Tribunal has entertained the application and granted the relief. The Tribunal in its order has stated as follows: 'Therefore the basis for the appellant's case is not valid. He has come forward with this application belatedly in 1993 after his representation, said to have been made on 6-2-1992. His contention that he had filed a writ petition in 1985 and the papers returned were lost, is not in any manner supported. Even if such application had been filed in 1985, that was belated and the further delay thereafter till 1993, inexcusable.' 2. Notwithstanding the above observations, the Tribunal went into the merits and set aside the order of compulsory retirement and directed to pay pension as if he retired in the normal course. 3. The impugned order of the Tribunal is totally unsustainable as having not accepted the excuses given by the respondent for the long delay of 14 years, the Tribunal went wrong in going into the merits and in granting the relief. We do not think that the Tribunal was right in going into the merits of the case. Accordingly, the appeal is allowed. 4. The order of the Tribunal is set aside. There will be no order as to costs. .