Facts
The applicant was employed as a Seasonal Anti-Malaria Lascar (SAML).
Source reference: para 2, 3On 04.04.2005, his services were terminated and his name was deleted from the seniority list following a police verification report indicating a pending criminal case.
Source reference: para 2, 3He was subsequently acquitted of all charges on 18.08.2006.
Source reference: para 2The applicant claimed to have approached the respondents for reinstatement thereafter, eventually issuing a legal notice on 06.08.2012, which the respondents rejected on 05.10.2012.
Source reference: para 2.1The applicant then filed a civil suit, which was dismissed for lack of jurisdiction on 08.08.2018.
Source reference: para 2.2Consequently, the applicant approached the Tribunal in 2019 with a Miscellaneous Application (M.A.) seeking condonation of a 2889-day delay in filing the Original Application (O.A.).
Source reference: para 1, 2.3Issues
1. Whether the applicant established "sufficient cause" to condone the inordinate delay of 2889 days in filing the O.A.
Source reference: para 5, 142. Whether the period spent pursuing a remedy before the Civil Court can be excluded under the principles of bona fide litigation in a wrong forum.
Source reference: para 9Law Applied
The court emphasized that while a liberal approach may be adopted to advance justice, the applicant must demonstrate "sufficient cause" explaining the entire period of delay.
Source reference: para 5It relied heavily on the precedent in Shivamma (Dead) by LRs v. Karnataka Housing Board Ors. (2025 INSC 1104), which established that administrative lethargy, inaction, or a casual approach does not constitute sufficient cause, and that limitation laws are intended to ensure the finality of litigation.
Source reference: para 12-13The court also noted that the State and private litigants stand on equal footing regarding the rigors of limitation.
Source reference: para 13Reasoning
The Tribunal found the delay of 2889 days (nearly eight years) to be enormous and insufficiently explained.
Source reference: para 10It specifically noted a substantial, unexplained gap of six years between the applicant’s acquittal in 2006 and the issuance of a legal notice in 2012.
Source reference: para 7The Tribunal rejected the plea that the applicant was diligently pursuing a remedy in the wrong forum (Civil Court), noting he failed to demonstrate that those proceedings were prosecuted in good faith or with reasonable promptitude.
Source reference: para 8, 9Furthermore, the Tribunal observed that the SAML Scheme itself was discontinued in 2007; therefore, entertaining such a stale claim would improperly unsettle long-settled administrative matters.
Source reference: para 11Applying the Shivamma standard, the Tribunal concluded that the applicant’s conduct lacked the requisite bona fides and diligence to warrant discretionary relief.
Source reference: para 14Holding
The Tribunal held that the applicant failed to establish "sufficient cause" for the inordinate delay of 2889 days.
Accordingly, M.A. No. 358/2019 for condonation of delay was dismissed.
Source reference: para 14Consequently, O.A. No. 288/2019 was dismissed as being hopelessly barred by limitation.
Source reference: para 15No order was made as to costs.
Source reference: para 16Original Court PDF
Karan SinghvsM/o Defence
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