CAT Cannot Condone Delay In Filing Review Application: Gauhati High Court
Case: The Union of India & Ors. v. Chanchal Nag
Coram: Chief Justice Sandeep Mehta and Justice Soumitra Saikia
Case No.: WP(C)/3034/2021
Court Observation: “The Tribunal shall have no power to condone the delay unless expressly conferred the power by the statute creating it. As Rule 17 of the Central Administrative Tribunal (Procedure) Rules, 1987 expressly provides timeline of 30 days for entertaining a review application, unless the statutory provision is declared to be ultra vires such power cannot be read into the statute by a judicial pronouncement.”
As the Constitution Bench of the Hon’ble Supreme Court, in the case of S.S. Rathore (supra) has categorically laid down that the civil court’s jurisdiction has been taken away by the Administrative Tribunals Act, 1985 the view to the contrary taken by the Full Bench of the Calcutta High Court in the case of Union of India & Ors. v. Central Administrative Tribunal (supra) cannot be held as laying down a correct proposition of law.
“Thus, the Act of 1985 lays down specific provisions with regard to limitation as well as the power for condonation thereof. Hence, the proceedings under the Act of 1985 cannot be governed by the provisions of the Limitation Act, which is a general law governing issues of limitation arising in proceedings before Courts.”
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CAT Cannot Condone Delay
