IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD WEDNESDAY, THE SIXTEENTH DAY OF APRIL TWO THOUSAND AND EIGHT PRESENT THE HON'BLE SMT. JUSTICE T.MEENA KUMARI and THE HON'BLE SRI. JUSTICE S. ASHOK KUMAR WRIT PETITION NO : 7575 of 2008 Between: D. Venkatesh S/o. Late D. Anjaiah R/o. 5-2-672, Risala Abudulla, Osmangunj, Hyderabad. ..... PETITIONER AND 1 The Director Atomic Minerals Directorate for Exploration & Research, Department of Atomic Energy, Rep. by its Director 1-10-153-156, Begumpet, Hyderabad. 2 The Chief Accounts officer, Disciplinary Authority, Atomic Minerals Directorate for Exploration & Research, Department of Atomic Energy, Rep. by its Chief Administrativ & Accounts Officers & Disciplinary Authority, 1-10-153-156, Begumpet, Hyderabad. .....RESPONDENT(S) Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to issue an appropriate writ or order or direction more particularly one in the nature of Certiorari by calling for the records pertaining to M.A.No. 290 of 2007 in O.A.S.R. No. 1465 of 2007 dt. 22-8-2007 and set aside the proceedings No. ADM 52/12/2002 -VIG/412 dt. 9-4-2003 imposing penalty of compulsory retirement after declaring the same as arbitrary illegal, and unjust. Consequently direct the respondents to reinstate the petitioner with all consequential benefits and pass Counsel for the Petitioner:MR.M.V.KRISHNA MOHAN Counsel for the Respondent No.: MR.A.RADHAKRISHNA, CGSC. The Court made the following : THE HON'BLE SMT. JUSTICE T.MEENA KUMARI and THE HON'BLE SRI. JUSTICE S. ASHOK KUMAR WRIT PETITION NO :7575 of 2008 ORDER: (per Hon’ble Smt. Justice T. Meena Kumari) The present writ petition is preferred by the petitioner aggrieved by an order, dated 22.8.2007 passed by the tribunal in M.A.No:290 of 2007 in O.A.S.R.No:1465 of 2007. The writ petitioner is the applicant before the tribunal. He filed O.A. (SR) No:1465 of 2007 along with an application in M.A.No:290 of 2007 seeking to condone the delay in filing the O.A. The tribunal has passed the following order: “Heard the learned counsel for the applicant and the learned Sr. CGSC Mr.G.Jaya Prakash Babu for the respondents. M.A.No:290 of 2007 is filed for condonation of delay in filing the O.A. Learned Sr. CGSC submitted that there is a delay of about 3 years in filing this O.A and therefore, this application is liable to be dismissed on the point of limitation. The explanation given in the application for the delay is that the applicant was advised by his counsel to approach CGIT and accordingly, a case was filed before the CGIT and the tribunal disposed of his application on 14.4.2005 holding that the tribunal has no jurisdiction to entertain the claim of the petitioner. However, to explain the delay in coming to the tribunal after April 2005, the only reason given in the application is that the applicant was suffering from Jaundice and he had been under treatment, which is not convincing. We therefore dismiss the M.A and consequently O.A SR No:1465 of 2007 also stands dismissed.” Having aggrieved by the same, the present writ petition is preferred by the writ petitioner. Heard the learned counsel and perused the entire material available on record as well as the order impugned. The O.A has been dismissed at the S.R. stage only on the sole cause of inordinate delay. No sufficient cause has not been shown for condonation of such an inordinate delay in filing the O.A as rightly observed by the tribunal. Hence, We see no illegality or irregularity in the order impugned. This writ petition is, therefore, devoid of merits and the same is liable to be dismissed. Accordingly, this writ petition is dismissed. No costs. _________________________ Justice T. Meena Kumari _______________________ Justice S.Ashok Kumar Date: 16th April, 2008 Nn/Gurc. THE HON'BLE SMT. JUSTICE T.MEENA KUMARI and THE HON'BLE SRI. JUSTICE S. ASHOK KUMAR WRIT PETITION NO : 7575 of 2008 (Division Bench Order delivered by the Hon’ble Smt. Justice T. Meena Kumari) 16.4.2008