CWP No. 3081 CAT of 2010 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. CWP No.3081-CAT of 2008 Date of decision 22 .2.2010 Daryaee Lal ... Petitioner Versus Union of India and others ... Respondents. CORAM: HON'BLE MR. JUSTICE M.M. KUMAR HON'BLE MR. JUSTICE JITENDRA CHAUHAN Present: Mr. K.S.Hissowal ,Advocate for the petitioner 1.To be referred to the Reporter or not ? 2.Whether the judgement should be reported in the Digest ? M.M.KUMAR, J. The petitioner has challenged order dated 8.7.2009 (P.7) passed by the Central Administrative Tribunal, Chandigarh Bench, Chandigarh (for brevity 'the Tribunal') in OA No. 359-HR/2007. The Tribunal has sustained the preliminary objection concerning delay and latches. It has been held that cause of action arose to the petitioner on 23.5.1996 when he was removed from service. Original Application before the Tribunal was filed on 5.6.2007, after a period of more than 11 years. Even the appeal was filed after four years of the removal from service. The petitioner had taken seven years to approach the Tribunal and Original Application was held to be barred by limitation under Section 21 of the Administrative Tribunal Act and accordingly Original Application was dismissed on the ground of limitation alone. The Tribunal has also dealt with the merits of the case by holding that respondent has followed due process of law by issuing charge sheet to him which was sent at his known home address. The petitioner did not submit any reply to the charge sheet CWP No. 3081 CAT of 2010 2 nor he ever appeared before the Inquiry Officer despite the fact that dates of hearing were intimated to him. He did not reply to any of the communications sent to him. In the ex-parte proceedings held against the petitioner, the charge of willful and unauthorized absence from duty was proved and punishment of removal from service was imposed. After hearing the learned counsel for the petitioner, we do not find any reason to admit the petition. Accordingly the writ petition fails and the same is dismissed. (M.M.Kumar) Judge (Jitendra Chauhan) 22.2.2010 Judge okg