03 December 2018 Administrative Law >> Constitution & Law Procedure   |   Employee Related >> Corporate Law  

This is a writ petition filed by the Union of India challenging an order passed by the Central Administrative Tribunal (CAT) in favor of the respondent (Bhupathi Singh).

Background:

Bhupathi Singh belongs to the 1998 batch of Indian Railway Service of Signal Engineers (IRSSE). He was promoted to Junior Administrative Grade (JAG) on an ad-hoc basis in 2006 with his batchmates. However, unlike his batchmates, Bhupathi Singh was not confirmed in JAG in October 2008. He was confirmed only in 2014. Bhupathi Singh claimed that this delay in confirmation and his placement with a junior batch (2003) for seniority purposes were unjust.

Contentions:

Bhupathi Singh argued that he was not informed about the reasons for his non-empanelment until 2014 and therefore, his O.A. filed in 2015 was not barred by limitation. Union of India argued that Bhupathi Singh was aware of the reasons for his delayed confirmation as early as 2008 and his inaction for several years amounted to delay and laches.

Issue:

• Whether the Tribunal erred in holding that Bhupathi Singh's claim was not barred by delay and laches.

Court's Decision:

• The Court allowed the writ petition and set aside the Tribunal's order.
• The Court held that Bhupathi Singh was aware of the reasons for his delayed confirmation since 2008 and his silence for several years before filing the O.A. constituted delay and laches.

Reasoning of the Court:

• The Court considered the following factors:
• Bhupathi Singh's communications with authorities regarding his confirmation in 2008 and 2009.
• His receipt of performance appraisals with below-benchmark ratings.
• His silence despite confirmation of his junior batches before him.
• The Court observed that Bhupathi Singh could have challenged the delayed confirmation in 2008 itself and his inaction amounted to acquiescence.

Outcome:

• The Tribunal's order granting Bhupathi Singh relief was quashed.
• His O.A. was dismissed due to delay and laches.