Dismissed from Central Government job on account of Misconduct Dismissed from Central Government job on account of Misconduct

3 years ago

I have been dismissed from Central Government job on account of Misconduct and Unbecoming of Government servant. I am suffering from Bipolar Disorder with outbreak of Psychosis. In May 2020 under delusional state of mind that the senior lady officer is conspiring against my life I sent sent some sexually offensive message to her. I took the plea that at the time of offense I was rendered insane due to delusional state of my mind and therefore not in a state of understanding the legality of my action. However, the department did not considered my plea of insanity. In how much time I could file an appeal in Central Administrative Tribunal against the dismissal as Section 21 of CAT Act says 1 year? Actually in the meanwhile I wanna try my hand at a venture. Please confirm the time limit to file an appeal against the dismissal order.

Tanmoy Chattopadhyay

Responded 3 years ago

A.As per my understanding subject to correction I would like to agree with you on the time limit as per section 21 of Act of 13 of 1985. The time limit would be applicable in both cases where you have either applied to any higher authority to set aside the order of dismissal and they have given their verdict or if they have failed to do so in a span of 6 month from the date of your application. In either case the limitation period will start from the date of order or the date of expiry of 6 month as the case may be.

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Kishan Dutt Kalaskar

Responded 3 years ago

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A.Dear Sir,
You have to prefer appeal within 60 days of such CAT orders and delay may be condoned if you can give valid grounds for delay.

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Ayantika Mondal @ Prime Legal

Responded 3 years ago

A.Hey,
It is appropriate to notice the provision regarding limitation under Section 21 of the Administrative Tribunals Act. Sub Section (1) has prescribed a period of one year for making of the application and power of condonation of delay of a total period of six months has been vested under sub-section (3).
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Anik

Responded 3 years ago

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A.Hey,
It is appropriate to notice the provision regarding limitation under Section 21 of the Administrative Tribunals Act. Sub Section (1) has prescribed a period of one year for making of the application and power of condonation of delay of a total period of six months has been vested under sub-section (3).
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Chakrapani Madupu

Responded 3 years ago

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A.Did you write to your department later in this regard if yes then a condonation in delay can be filed
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