Central Administrative Tribunal - Mumbai
Mahesh Madhukar Tayade vs Iaf on 4 January, 2023
el OA. 764/202 1 CENTRAL ADMINIS TRATIVE TRIBUNAL j MUMBAI BENCH, MUMBAI ORIGINAL APPLICATION No.764 OF 2021 Qvith MA No.783/2 O21} Dated this Wednesday, the 04t day of January, 2023 CORAM: JUSTICE SHRI RANJIT VASANTRAO MORE, CHAIRMAN DR. BHAGWAN SAHAL MEMBER (ADMINISTRATIVE) Mahesh Madhukar Tayade, son of Madhukay Shivram Tayade, age 35, Ex Tradesman Mate, residing at Room No.1 14, Parksite, Anandhad, Sankalp Grah Nirman Sanstha, Someshwar Mandal, Vikhroli (W), Munnbai 400 079, Mobile No.8097442595 Email: maht!233i [email protected], - Applicant (By Advocate Shri Vishal P. Shirke) Versus 1. The Union of India, Through the F lag Officer Commanding-in-Chief Head Quarters, Western Naval Command, Ballard Pier, Tiger Gate, Mumbai -- 400 001. bo Chief Staff Officer (PEA), Headquarters, Western Naval Command, Ballard Estate, Near Tiger Gate, Mumbai 400 001. 3. Chief General Manager, Naval Armament Depot, Karania 400 704, 4, Abmed Mustafa Adlauddin, Working as Tradesman Mate, Naval Annament Depot, Karanja 400 704. - Respondents (By Advocate Smt.N.V, Masurkar) ORAL ORDER
Per : Justice Ranjit V. More, Chairman MA No.752/2021 (Condonation of delay) -
By the order dated 29.06.2016 the services of the applicant are terminated with immediate effect on the ground that ke has violated the terms of his appointment order. Thereafter, the applicant has fled Mercy Appeal on 04.08.2016 and the said appeal was also rejected by the order of Appellate by 2 OATE4/202 1 Authority on 21.08.2017. The applicant thereafter was supposed to challenge this order within limitation of one Veer Le. on or before 20.08.9018. However, ihe present OA is filed on 13.10.2021. Thus, there js delay of three years. The applicant has tried to explain dslay in para 5, which reads as follows ;
"S. 'The Applicant finther States that he manages to make arrangement for such funds by taking hand loans only in the month of Marck 2020. However, due to imposition of nation-wide lockdown in the ght of Covid-19 pandemic the Appiicani could not meet his Advocate to give NECeSssary instructions and to Sign the Vakalatnama and present Original Application. It was only after the improvement in the Covid-19 situation could the Applicant file the present Original Application, Thus in effect there js delay only from 20.08.2078 to 23.03.2020 Le. about ] year and 7 months in fling the present Original Application."
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4. Outbreak of Covid 19 ste 'ted approximately by 23.03.2020, Delay after Covid 19 outbreak can be condoned. However, in the present case, the cause of action accrued on 20.08.2018 and the applicant could have filed the OA before the outbreak of Coyid 19. We have perused the entire application. However, there is absolutely no explanation during the period between 20.08.2018 te 23.03.2000.
73. That apart, the applicant secured the appointment by Riving false information that he belongs to Scheduled Caste salegory. The para 3 and 5 of the appointment order reads as under > * "3. You will be on probation for a period of ONE year from the date of your joining duty. You are required to undergo at least two weeks training. Successfal completion of training is pre-recruitment qualification for completion of probation Period, in accordance with DOPE&T OM No.28020/1/201¢ "Estt dated 30 Oct 2014, Your service is Nable for termination without any notice and without asi ghing any reasons du ing the period of probation. After completing the probationary period * satisfactorily, you will continue to be fn your 3 OA. 764/203) appointment. Your service is also Hable for termination dy giving one months' notice, Tf you desire to resign from service, you will have to give one month's notice,
5. The appointment is provisional and subject io verification of caste/Non-Creamy Layer Certificate in ease of OBC candidate, +School Leaving Certificate through the proper channel and character and antecedent through Police Authority. If the verification reveals that the claim of the candidate belonging to the caste/non- creamy layer in case of OBC/Age is false his/her Services wil be isrminated forthwith without assigning any further reasons and without prejudice to such further action as may be taken under the provisions of Indian Penal Code for production of false certificate,"
4. When the applicant was required to provide Scheduled Caste certificate for verification at that time i was revealed that he does not belong to Scheduled Caste category, This fact has also been admitted by the learned counsel for the applicant. In the li ght of the above, the applicant's services are terminated and his appeal was alsa dismissed. Thus, we find that the applicant has no case on merit also.
5S. Inthe above facts and circumstances, we are not inclined to condone the delay and, therefore, the application is dismissed.
&. With this, OA will not survive, (Dr Bhagwan Sahai) . (Justice Ranjit V. More) Member (A) Chairman,