DBCWP 7028/05 (1) In the High Court of Judicature for Rajasthan At Jaipur Bench, Jaipur O R D E R In D.B. Civil Writ Petition No.7028/2005 Ramesh Chander Vs. Union of India and others Date Of Order :: 15th July, 2009 P R E S E N T HON'BLE MR. JUSTICE ASHOK PARIHAR HON'BLE MR. JUSTICE J.R. GOYAL Mr. Abhay Jain, for petitioner. Mr. Gaurav Jain, for respondent. *** Heard learned counsel for the parties. The petitioner is aggrieved by order dated 25/1/2005 passed by Central Administrative Tribunal by which original application filed by the petitioner has been dismissed only on the ground of limitation. Learned counsel for the petitioner submitted that the order was passed by the Tribunal in absence of representatives of both the sides. It has also been submitted that impugned order before the Tribunal was passed by the authorities on 14/2/2003, however, the same was received by the petitioner only on 4/12/2003 and the original application was filed by the petitioner before the Tribunal on 19/11/2004 within limitation. The fact of receiving the impugned order by the petitioner on 4/12/2003 had also been mentioned in the original DBCWP 7028/05 (2) application, however the same was not at all taken note of by the Tribunal. Having considered entire facts and circumstances as well as in the interest of justice, since proper application of mind has not been made by the Tribunal, the impugned order dated 25/1/2005 passed by the Tribunal cannot be sustained in the eyes of law. Accordingly, the writ petition is allowed. The impugned order dated 25/1/2005 passed by the Tribunal is set aside. The matter is remanded back to the Tribunal to decide the original application, filed by the petitioner, on merits after giving proper opportunity of hearing to both the sides. Since the matter relates to the year 2004, it is expected from the Tribunal to hear and decide the application as expeditiously as possible. The parties may now appear before the Tribunal on 3/8/2009 to take a date for further proceedings. (J.R. Goyal),J (Ashok Parihar),J VS Shekhawat/- Jr. P.A. D19