Case Note & Summary
The petitioner, Popat Sitaram Godge, was terminated from service on 22.05.1994 by the respondent educational institution. Instead of filing an appeal before the School Tribunal, he initially filed a civil suit (RCS No.327/1994) on 30.07.1994, which was withdrawn on 15.11.1994 upon realizing lack of jurisdiction. He then filed a complaint before the Industrial Court and later a writ petition before the High Court. After withdrawing the writ petition, he filed an appeal before the School Tribunal on 14.08.1997, along with an application for condonation of delay (Exhibit 2). The School Tribunal rejected the condonation application on 04.07.1998, noting that even after withdrawal of the writ petition, six months had lapsed before filing the appeal. The High Court, in the present writ petition, considered the submissions. The respondent argued that the petitioner had abandoned service and that the delay was inordinate. The court found that the petitioner had not shown sufficient cause for the delay of over three years and that the School Tribunal's order was justified. The writ petition was dismissed, and the civil application was disposed of.
Headnote
A) Service Law - Termination - Condonation of Delay - Section 5 of Limitation Act, 1963 - School Tribunal - The petitioner, terminated on 22.05.1994, filed an appeal before the School Tribunal on 14.08.1997, after pursuing a civil suit and other proceedings. The School Tribunal rejected the condonation application, finding no sufficient cause for the delay. The High Court upheld the rejection, noting that the petitioner did not diligently pursue the remedy and the delay was not properly explained. (Paras 1-6)
Issue of Consideration
Whether the School Tribunal was justified in refusing to condone the delay of over three years in filing the appeal against termination, given the petitioner's pursuit of remedies before other forums.
Final Decision
The writ petition is dismissed. The order of the School Tribunal dated 04.07.1998 rejecting the condonation application is upheld. Civil Application No.1492 of 2006 is disposed of.
Law Points
- Condonation of delay
- Limitation
- School Tribunal
- Section 5 of Limitation Act
- 1963
- Sufficient cause
- Delay of 3 years
- Multiple proceedings
Case Details
2015 LawText (BOM) (10) 35
Writ Petition No. 3778 of 1998 with Civil Application No.1492 of 2006
Shri P.B.Shirsath a/w Shri S.V.Suryawanshi for Petitioner; Shri R N Dhorde, Senior Advocate h/f Shri Mobin Shaikh for Respondents
The Registrar, Amrutwahini Udyog Sheti Va Shikshan Vikas Sansthan & The Principal, Amrutwahini Model School
Subscribe to unlock Case Details (Citation, Judge, Date & more)
Subscribe Now
Nature of Litigation
Writ petition challenging the order of the School Tribunal rejecting the application for condonation of delay in filing an appeal against termination.
Remedy Sought
The petitioner sought to challenge the School Tribunal's order dated 04.07.1998 refusing to condone the delay in filing the appeal.
Filing Reason
The petitioner's appeal before the School Tribunal was filed after a delay of over three years from the date of termination, and the School Tribunal refused to condone the delay.
Previous Decisions
The School Tribunal rejected the condonation application on 04.07.1998.
Issues
Whether the School Tribunal was justified in rejecting the application for condonation of delay.
Whether the petitioner had shown sufficient cause for the delay of over three years in filing the appeal.
Submissions/Arguments
Petitioner argued that he pursued remedies before other forums on legal advice and therefore the delay should be condoned.
Respondent argued that the petitioner had abandoned service and the delay was inordinate and unexplained.
Ratio Decidendi
The court held that the petitioner did not show sufficient cause for the delay of over three years in filing the appeal before the School Tribunal. The pursuit of remedies before other forums does not automatically constitute sufficient cause, especially when the delay is not properly explained.
Judgment Excerpts
The Petitioner has filed this petition on account of refusal of the School Tribunal in condoning the delay caused in preferring the appeal before the School Tribunal.
It appears from the record that the Petitioner, who was terminated on 22.05.1994, has filed the appeal on 14.08.1997.
Procedural History
The petitioner was terminated on 22.05.1994. He filed a civil suit on 30.07.1994, withdrawn on 15.11.1994. He then filed a complaint before the Industrial Court and a writ petition before the High Court. After withdrawal, he filed an appeal before the School Tribunal on 14.08.1997 with a condonation application. The School Tribunal rejected the application on 04.07.1998. The petitioner then filed the present writ petition on 09.09.1999, which was admitted. The writ petition was dismissed on 01.10.2015.
Acts & Sections
- Limitation Act, 1963: Section 5
