Central Administrative Tribunal - Mumbai
Bhagwan Damodar Koli vs M/O Health And Family Welfare on 9 July, 2025
1 MA No.7 & 8 of 2024 in OA No.184/2018
CENTRAL ADMINISTRATIVE TRIBUNAL,
MUMBAI BENCH, MUMBAI
MISCELLANEOUS APPLICATION Nos. 7 & 8 OF 2024
IN
ORIGINAL APPLICATION No.184 OF 2018
Dated this Wednesday, the 09th day of July, 2025
CORAM: HON'BLE MR. SHRI KRISHNA, MEMBER (A)
HON'BLE MR. UMESH GAJANKUSH, MEMBER (J)
Bhagwan Damodar Koli - Applicant
(By Advocate Shri Avdhut S. Hingne)
VERSUS
Union of India & Another - Respondents
(By Advocate Shri Rishi Ashok proxy counsel for Shri B.K.Ashok)
Reserved on 13.06.2025
Pronounced on 09.07.2025
ORDER
Per : Umesh Gajankush, Member (J)
In the present case, the applicant has filed OA No.184/2018 on 11.01.2018 challenging the order of removal from service dated 31.08.2017. In the aforesaid Original Application, the Tribunal has passed the order dated 12.04.2018 which reads as under :
"Today when the matter is called out for Admission, Digitally signed by Khushboo Mittal Gupta Shri T.V. Jadhav, learned proxy counsel for Shri R.K. Mendadkar, learned Advocate for Applicant on instructions Khushboo Mittal DN: C=IN, O=Personal, OID.2.5.4.65=6dbe5c2d6885491895b4fb8ef3642a0b, Phone= 8985c11fad2960cfbb159f98c2764347c7a4ffbc50d436d4fe5701484c759b92, PostalCode=411060, S=Maharashtra, SERIALNUMBER= 870759ef2f1952335c4269bf3698e2204e6521bc46faf0d3fefceadf0c12c639, CN= Khushboo Mittal Gupta Gupta Reason: I am the author of this document Location:
Date: 2025.07.10 17:52:54+05'30' Foxit PDF Reader Version: 2025.1.0 Page 1 of 8 2 MA No.7 & 8 of 2024 in OA No.184/2018 from the arguing counsel to withdraw the OA, since the applicant does not want to proceed with it any more. We have carefully perused the case record.
2. In this OA, the following reliefs are sought by the Applicant:
"8.a) That this Hon'ble Tribunal be pleased to declare that the order of removal from service dated 31.08.2017 passed by the Respondent No.3 is bad in law, illegal and be set aside.
8.b) That the Respondent No.2 be ordered to withdraw and or cancel the impugned order of removal dated 31.08.2017 with further direction to respondents herein to reinstate the applicant on the post of Fumigation Worker with all consequences including back wages.
8.c) Cost of the application be provided for.
8.d) Such other and further equitable order be passed as this Hon'ble Tribunal may deem fit and proper."
3. Considering the fact that a request for withdrawal is made, it is allowed Consequently the OA stands dismissed as withdrawn unconditionally, at Admission stage.
4. Registry to forward copy of this order to both the parties."
MA No.8/2024 -
2. By filing Miscellaneous Application No.8/2024, in substance, it is submitted by the applicant that he has never given any instructions to Khushboo Mittal Digitally signed by Khushboo Mittal Gupta DN: C=IN, O=Personal, OID.2.5.4.65=6dbe5c2d6885491895b4fb8ef3642a0b, Phone= 8985c11fad2960cfbb159f98c2764347c7a4ffbc50d436d4fe5701484c759b92, PostalCode=411060, S=Maharashtra, SERIALNUMBER= 870759ef2f1952335c4269bf3698e2204e6521bc46faf0d3fefceadf0c12c639, CN= Khushboo Mittal Gupta the Advocate on record to withdraw the aforesaid Original Application Gupta Reason: I am the author of this document Location:
Date: 2025.07.10 17:52:54+05'30' Foxit PDF Reader Version: 2025.1.0 Page 2 of 8 3 MA No.7 & 8 of 2024 in OA No.184/2018 even he has no contact with the proxy counsel who had withdrawn the aforesaid OA on 12.04.2018.
2(a). It is submitted that, in fact, the Advocate on record assured the applicant that he will provide necessary information in respect of progress of the Original Application which was never communicated. It is further submitted that the applicant being physically unfit to take follow up the Original Application could not find out the Advocate on record and also visited the Tribunal and lastly, on 10.12.2023 visited the office of the Central Administrative Tribunal, Mumbai Bench, Mumbai along with his married daughter and after enquiry, the applicant came to know that his Original Application has been withdrawn by the proxy counsel. Then, the applicant tried his level best to discover the mobile number and address of the earlier Advocate on record but in vain and eventually applicant approached the present Advocate on 20.12.2023 enquired and gone through online uploaded withdrawal order of the OA. The applicant was under bona fide understanding that his Original Application is sub-judice before this Tribunal till 10.12.2023. Digitally signed by Khushboo Mittal Gupta Khushboo Mittal DN: C=IN, O=Personal, OID.2.5.4.65=6dbe5c2d6885491895b4fb8ef3642a0b, Phone= 8985c11fad2960cfbb159f98c2764347c7a4ffbc50d436d4fe5701484c759b92, PostalCode=411060, S=Maharashtra, SERIALNUMBER= 870759ef2f1952335c4269bf3698e2204e6521bc46faf0d3fefceadf0c12c639, CN= Khushboo Mittal Gupta Gupta Reason: I am the author of this document Location:
Date: 2025.07.10 17:52:54+05'30' Foxit PDF Reader Version: 2025.1.0 Page 3 of 8 4 MA No.7 & 8 of 2024 in OA No.184/2018 2(b). It is submitted that the applicant should not suffer for the mistake of his earlier counsel. It is submitted that the Original Application No.184/2018 needs to be restored in the interest of justice.
2(c). Along with this application, various documents have been placed on record in respect of health condition of the applicant.
MA No.7/2024 -
3. This application has been filed for condonation of delay, in which, it is specifically stated that he came to know in respect of withdrawal order passed in Original Application dated 12.04.2018 on 10.12.2023 and, thereafter, MA Nos.8/2024 and 7/2024 were sent through Registered Post dated 29.12.2023. According to the applicant, there is delay of 2086 days from the withdrawal order dated 12.04.2018. Therefore, in view of the explanation submitted in the application, the applicant has prayed for condonation of delay.
4. In the present case, at the time of passing of order dated 12.04.2018 or prior, no notices were issued to the respondents, in fact, at the pre-admission itself, the aforesaid order was passed. However, Digitally signed by Khushboo Mittal Gupta Khushboo Mittal DN: C=IN, O=Personal, OID.2.5.4.65=6dbe5c2d6885491895b4fb8ef3642a0b, Phone= 8985c11fad2960cfbb159f98c2764347c7a4ffbc50d436d4fe5701484c759b92, PostalCode=411060, S=Maharashtra, SERIALNUMBER= 870759ef2f1952335c4269bf3698e2204e6521bc46faf0d3fefceadf0c12c639, CN= Khushboo Mittal Gupta Gupta Reason: I am the author of this document Location:
Date: 2025.07.10 17:52:54+05'30' Foxit PDF Reader Version: 2025.1.0 Page 4 of 8 5 MA No.7 & 8 of 2024 in OA No.184/2018 notice to MA No.743/2024 in MA No.8/2024 was issued to the respondents by this Tribunal on 06.08.2024 in pursuance of which the official respondents have put their appearance before this Tribunal and the said MA was already allowed by this Tribunal vide its order dated 21.02.2025. Although, no reply has been filed by the official respondents to present Miscellaneous Applications, however, contested the applications vehemently by the oral arguments.
5. Learned proxy counsel for the respondents vehemently opposed the prayer in respect of condonation of delay. It is submitted that no good and sufficient cause has been shown by the applicant.
6. Heard on MA No.7/2024 and taking into consideration the facts mentioned in the said application, it is the averment of the applicant that order dated 12.04.2018 came to the knowledge of the applicant first time on 10.12.2023 and, thereafter, the present Miscellaneous Application which was sent through Registered Post on 29.12.2023 which was received and registered by this Tribunal on 02.01.2024 and, therefore, by taking the date of knowledge on 10.12.2023 it is within the Khushboo Mittal Digitally signed by Khushboo Mittal Gupta DN: C=IN, O=Personal, OID.2.5.4.65=6dbe5c2d6885491895b4fb8ef3642a0b, Phone= 8985c11fad2960cfbb159f98c2764347c7a4ffbc50d436d4fe5701484c759b92, PostalCode=411060, S=Maharashtra, SERIALNUMBER= 870759ef2f1952335c4269bf3698e2204e6521bc46faf0d3fefceadf0c12c639, CN= Khushboo Mittal Gupta limitation of 30 days from the date of knowledge. Under these Gupta Reason: I am the author of this document Location:
Date: 2025.07.10 17:52:54+05'30' Foxit PDF Reader Version: 2025.1.0 Page 5 of 8 6 MA No.7 & 8 of 2024 in OA No.184/2018 circumstances, explanation offered by the applicant in delay condonation application appears to be bona fide one and the same is condoned in the interest of justice. Therefore, the said MA is allowed.
7. In respect of MA No.8/2024, it is contended by the respondents that looking to the nature and order, it is clear that firstly it was passed in presence of the proxy counsel and as per the instructions of the arguing counsel and on that basis, the OA was dismissed as withdrawn unconditionally and, therefore, now the applicant cannot seek restoration.
8. We have heard the learned counsels for the parties and perused the pleadings available on record.
9. After hearing the learned counsels for the parties and after perusal of the record, before adverting to the facts of the present case, it is necessary to reproduce Rules 15 and 24 of the Central Administrative Tribunal (Procedure) Rules, 1987, which reads as under:
"15. Action on application for application's default.-
(1) Where on the date fixed for hearing of the Digitally signed by Khushboo Mittal Gupta application or on any other date to which such hearing may be adjourned the applicant does not appear when the Khushboo Mittal DN: C=IN, O=Personal, OID.2.5.4.65=6dbe5c2d6885491895b4fb8ef3642a0b, Phone= 8985c11fad2960cfbb159f98c2764347c7a4ffbc50d436d4fe5701484c759b92, PostalCode=411060, S=Maharashtra, SERIALNUMBER= 870759ef2f1952335c4269bf3698e2204e6521bc46faf0d3fefceadf0c12c639, CN= Khushboo Mittal Gupta Gupta Reason: I am the author of this document Location:
Date: 2025.07.10 17:52:54+05'30' Foxit PDF Reader Version: 2025.1.0 Page 6 of 8 7 MA No.7 & 8 of 2024 in OA No.184/2018 application is called for hearing, the Tribunal may in its discretion, either dismiss the application for default or hear and decide it on merit.
(2) Where an application has been dismissed for default and the applicant files an application within thirty days from the date of dismissal and satisfies the Tribunal that there was sufficient cause for his non appearance when the application was called for hearing, the Tribunal shall make an order setting aside the order dismissing the application and restore the same:
Provided, however, where the case was disposed of on merits the decision shall not be responded except by way of review.
******
24. Order and directions in certain cases.- The Tribunal may make such orders or give such directions as may be necessary or expedient to give effect to its order or to prevent abuse of its process or to secure the ends of justice."
10. Looking to Rule 15, it is clear that in case, at the time of call for hearing, if applicant does not appear, then Tribunal is having discretion either to dismiss the application in default or hear or decide it on merits.
Proviso further states that where the case was disposed of on merit, the decision shall not be responded except by way of review.
11. In the present case, at the time of passing of order dated 12.04.2018, neither it was dismissed in default nor order was passed on Digitally signed by Khushboo Mittal Gupta merits.
Khushboo Mittal DN: C=IN, O=Personal, OID.2.5.4.65=6dbe5c2d6885491895b4fb8ef3642a0b, Phone= 8985c11fad2960cfbb159f98c2764347c7a4ffbc50d436d4fe5701484c759b92, PostalCode=411060, S=Maharashtra, SERIALNUMBER= 870759ef2f1952335c4269bf3698e2204e6521bc46faf0d3fefceadf0c12c639, CN= Khushboo Mittal Gupta Gupta Reason: I am the author of this document Location:
Date: 2025.07.10 17:52:54+05'30' Foxit PDF Reader Version: 2025.1.0 Page 7 of 8 8 MA No.7 & 8 of 2024 in OA No.184/2018
12. However, Rule 24 makes it clear that this Tribunal is having power to make such orders or give such directions as may be necessary to secure the ends of justice.
13. In the present case, the applicant has challenged removal order dated 31.07.2018 and due to order dated 12.04.2018 passed in the OA, the applicant was prevented from hearing of his case on merits. It is always desirable to hear case on merits rather than to decide on technicality. Keeping in view peculiar facts and circumstances of the case and with a view to secure ends of justice, MA No.8/2024 in OA No.184/2024 is allowed and the OA is directed to be listed under fresh admission category on 07th August, 2025.
14. Registry is directed to send a copy of the present order to the applicant as well as to the learned counsel who has represented him in MA No.8/2024. There shall be no order as to costs.
(UMESH GAJANKUSH) (SHRI KRISHNA)
MEMBER (J) MEMBER (A)
Khushboo Mittal
Gupta
Digitally signed by Khushboo Mittal Gupta
DN: C=IN, O=Personal, OID.2.5.4.65=6dbe5c2d6885491895b4fb8ef3642a0b, Phone= 8985c11fad2960cfbb159f98c2764347c7a4ffbc50d436d4fe5701484c759b92, PostalCode=411060, S=Maharashtra, SERIALNUMBER= 870759ef2f1952335c4269bf3698e2204e6521bc46faf0d3fefceadf0c12c639, CN= Khushboo Mittal Gupta Reason: I am the author of this document Location:
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