Union of India and Anr. v. Neeta Mishra
Case brief
What is this about?
Delhi High Court, W.P.(C) 2937/2023, decision 18.09.2025, Navin Chawla & Madhu Jain, JJ.: limitation/laches before tribunals; Section 21 Administrative Tribunals Act 1985 one-year filing bar; cause of action 1993 non-promotion on basis of ACRs; representations 27.09.1994, 08.06.2016, 25.07.2016, 30.11.2016; responses till 30.03.1995 and renewal only in 2016 (delay of almost 21 years); supply of old ACRs (1987-88 to 1992-93) and representation-permitting directions cannot extend limitation or revive dead/stale claims; Union of India & Ors. v. M.K. Sarkar (2010) 2 SCC 59 relied on; Tribunal (CAT Principal Bench) Order dated 13.09.2022 in O.A. No. 730/2017 set aside; O.A. restored and remanded for fresh limitation determination before merits; parties to appear 14.10.2025; no costs; respondent absent/proceeded ex-parte.
What did the court decide?
Writ petition allowed: the Tribunal's Order dated 13.09.2022 in O.A. No. 730/2017 set aside; O.A. restored to its original number and remanded to the Tribunal, which must first decide limitation (Section 21, Administrative Tribunals Act, 1985) and only then, if within time, consider the claim on merit; parties to appear before the Tribunal on 14.10.2025; Tribunal empowered to proceed in the respondent's absence if none appears; no order as to costs.