Case Note & Summary
The writ petition was filed by Smt. Putta Gowramma, the wife of late N. Eshwarachari, challenging the order dated 30.03.2022 passed by the Karnataka State Administrative Tribunal (KSAT) in Misc. Application No.473/2021 in A.No.3817/2003. The original applicant, N. Eshwarachari, was a First Division Assistant in the Revenue Department who had filed an application before the Tribunal in 2003 challenging his dismissal from service. He died in 2003 itself, and the application abated. After nearly 18 years, in 2021, his wife filed a Misc. Application seeking restoration of the abated application and substitution as legal representative. The Tribunal dismissed the application on the ground of inordinate delay and lack of sufficient cause. The High Court, in its order dated 19.10.2022, dismissed the writ petition, holding that the Tribunal's discretion was not perverse or arbitrary. The Court noted that the petitioner had not explained the delay of 18 years satisfactorily, and the mere fact that the original counsel died did not constitute sufficient cause. The Court also observed that the petitioner had not taken any steps for 18 years and the application was filed only after the counsel's death. The High Court upheld the Tribunal's order and dismissed the writ petition.
Headnote
A) Administrative Law - Restoration of Abated Proceedings - Substitution of Legal Representatives - The Tribunal dismissed the Misc. Application for restoration of A.No.3817/2003 which had abated due to death of the original applicant in 2003, as the legal representative (wife) sought substitution only in 2021 after 18 years - The High Court held that the Tribunal correctly exercised its discretion in refusing to condone the inordinate delay and restore the proceedings, as no sufficient cause was shown for the delay (Paras 2-5).
B) Limitation - Condonation of Delay - Service Matters - The petitioner's husband died in 2003 and the application abated; the legal representative filed Misc. Application in 2021 seeking restoration - The High Court upheld the Tribunal's view that the delay of 18 years was not satisfactorily explained and the application was filed only after the death of the original applicant's counsel, which does not constitute sufficient cause - The Court emphasized that the Tribunal's discretion in refusing condonation was not perverse or arbitrary (Paras 3-5).
Issue of Consideration
Whether the Karnataka State Administrative Tribunal was justified in dismissing the application for restoration of an abated application and condonation of delay, where the original applicant died 19 years ago and the legal representative sought substitution after inordinate delay without sufficient cause.
Final Decision
The High Court dismissed the writ petition, upholding the order of the Karnataka State Administrative Tribunal dated 30.03.2022 in Misc. Application No.473/2021 in A.No.3817/2003.
Law Points
- Restoration of abated proceedings
- substitution of legal representatives
- condonation of delay
- limitation for service matters
- Karnataka State Administrative Tribunal Rules
- 1986
Case Details
2022 LawText (KAR) (10) 10
Writ Petition No.13079 of 2022 (S-KSAT)
Justice G. Narendar, Justice P.N. Desai
Smt. Saritha A.L. for Sri Srinivasa S.B. (for petitioner), Sri H.R. Showri AGA for R1, R3, R4, Sri B.J. Somayaji for R2
Smt. Putta Gowramma (LR of deceased N. Eshwarachari)
State of Karnataka, Chief Executive Officer Zilla Panchayat, Divisional Commissioner, Deputy Commissioner
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Nature of Litigation
Writ petition under Articles 226 and 227 of the Constitution of India challenging the order of the Karnataka State Administrative Tribunal dismissing a Misc. Application for restoration of an abated application.
Remedy Sought
The petitioner sought to set aside the Tribunal's order dated 30.03.2022 and allow the Misc. Application to reopen A.No.3817/2003.
Filing Reason
The petitioner's husband, N. Eshwarachari, had filed an application before the Tribunal in 2003 challenging his dismissal from service. He died in 2003, and the application abated. The petitioner filed a Misc. Application in 2021 seeking restoration and substitution, which was dismissed by the Tribunal on grounds of delay.
Previous Decisions
The Tribunal dismissed Misc. Application No.473/2021 in A.No.3817/2003 on 30.03.2022, refusing to condone the delay and restore the abated application.
Issues
Whether the Tribunal was justified in dismissing the Misc. Application for restoration of the abated application on the ground of inordinate delay and lack of sufficient cause.
Whether the High Court should interfere with the Tribunal's discretionary order under Articles 226 and 227 of the Constitution.
Submissions/Arguments
The petitioner argued that the delay was due to the death of the original counsel and that the legal representative was not aware of the proceedings.
The respondents contended that the delay of 18 years was inordinate and unexplained, and the Tribunal correctly exercised its discretion.
Ratio Decidendi
The Tribunal's discretion in refusing to condone inordinate delay and restore abated proceedings should not be interfered with unless it is perverse or arbitrary. The delay of 18 years in seeking substitution of legal representatives was not sufficiently explained, and the death of the original counsel does not constitute sufficient cause for such delay.
Judgment Excerpts
In brief, the contentions of the petitioner which have given rise for consideration of this petition is that, the petitioner is the wife of one N.Eshwarachari.
The Tribunal after hearing the parties, dismissed the Misc. Application on the ground that there is inordinate delay and the petitioner has not explained the delay.
We do not find any perversity or arbitrariness in the order passed by the Tribunal.
Procedural History
The original applicant N. Eshwarachari filed A.No.3817/2003 before the Karnataka State Administrative Tribunal in 2003 challenging his dismissal. He died in 2003, and the application abated. On 30.03.2022, the Tribunal dismissed Misc. Application No.473/2021 filed by the legal representative seeking restoration. The present writ petition was filed on 19.10.2022 challenging that order.
Acts & Sections
- Constitution of India: Articles 226, 227
- Karnataka State Administrative Tribunal Rules, 1986:
