Allowed

T. Srinivasa Rao, v. The Secretary

Telangana HC15 Sept 2005WP/19024/2005

Case brief

AI extract

What is this about?

The High Court allowed a writ petition challenging an Administrative Tribunal order. Finding the Tribunal lacked power to condone delay as per Full Bench precedent, the Court set aside the Tribunal order and remanded the matter to the Tribunal to pass appropriate orders.

What did the court decide?

The Tribunal order setting aside the application to condone delay is set aside; matter remanded to Tribunal to pass orders within three months.

T. Srinivasa Rao, Vs The Secretary — Education and Admissions | Telangana HC (2005)

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THE HON'BLE SMT JUSTICE T.MEENA KUMARI

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and THE HON'BLE SRI JUSTICE P.LAKSHMANA REDDY

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WRIT PETITION NO : 19024 of 2005

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Dated: 15.09.2005 Between T.Srinivasa Rao ..Petitioner and 1.The Secretary, Education Department, Government of A.P, Secretariat Buildings, Hyderabad and others. ..Respondents

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THE HON'BLE SMT JUSTICE T.MEENA KUMARI

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and THE HON'BLE SRI JUSTICE P.LAKSHMANA REDDY

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WRIT PETITION NO : 19024 of 2005

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ORDER: (per the Hon’ble Smt. Justice T. Meena Kumari)

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The present writ petition has been filed assailing the order, dated 16.06.2005, in M.A.No.1115 of 2005 in MASR No.4158 of 2005 in O.A.No.6387 of 1998 on the file of the A.P. Administrative Tribunal, Hyderabad (for short ‘the Tribunal’).

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The petitioner filed the above said application to condone the delay of two years four months and 25 days in filing the M.A.(SR), which was filed to set aside the order of the Tribunal in O.A.No.6387 of 1998, dated 29.10.2002, and to restore the same to its file. The Tribunal dismissed the M.A. filed for condonation of delay on the ground that it has no power to do so. A Full Bench of this Court in G. Narasimha Rao v. Regional Joint Director of School Education held that the Tribunal will not have jurisdiction to condone the delay by taking the aid and assistance of either Section 21(3) or Section 29(2) of the Limitation Act.

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Since the Tribunal has no power to condone the delay, in view of the reason set-forth in the affidavit filed in support of the writ petition, We are satisfied that there is sufficient cause in filing the application to condone the delay. Accordingly, the order of the Tribunal is set aside and the matter is remanded to the Tribunal for passing the orders in accordance with law within three months from the date of receipt of a copy of this order.

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The writ petition is, therefore, allowed. No costs.

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( T. Meena Kumari.J)

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(P. Lakshmana Reddy.J)

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ksld

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Dt.15.09.2005

T. Srinivasa Rao, v. The Secretary

Case brief

What is this about?

What did the court decide?

T. Srinivasa Rao, v. The Secretary

Case brief

What is this about?

What did the court decide?

What the court decided

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