This civil appeal rejected a writ petition by a petitioner who voluntarily accepted a transfer condition in 1980. The court upheld the lower tribunal's order declining to entertain the application due to inordinate delay, stating no fault could be found with the tribunal's decision on delay grounds.
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1
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO.9226 OF 2007
Mrs.Fatima C. Fernandes.
...Petitioner
vs.
1.Union of India & others.
...Respondents.
Mr.G.K.Masand, for Petitioner.
Mr.P.S.Jetly with N.R.Prajapati, for Respondents.
CORAM: D.K.DESHMUKH &
J.P.DEVADHAR, JJ.
DATED: 2nd September,2008.
P.C.:-
1.The petitioner had voluntarily accepted the
condition in the year 1980, that acceptance was acted
upon and she secured an order of her transfer.
Thereafter, in the year 1998 she challenged the
conduct of the respondents of imposing condition. One
of the grounds on which the tribunal has declined to
entertain the original application is that the
petitioner has approached the tribunal after
inordinate delay. In our opinion, no fault can be
found with the order of the Tribunal, hence, the
petition is rejected.
(D.K.DESHMUKH, J.)
(J.P.DEVADHAR, J.)
1 issue framed by the court
Whether the petitioner's challenge to the imposition of a transfer condition was barred due to inordinate delay.
Mrs. Fatima C. Fernandes
Union of India
D.K.Deshmukh
J.P.Devalidar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court