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Judgment
MA No.2485/2019 has been filed by the review applicant, who was applicant in OA, seeking condonation of delay of 20 days in filing the accompanying Review Application filed in 2019 and which is yet to be numbered in OA No.1461/2017. This OA was dismissed by the Tribunal vide order dated 16.04.2019. It is pleaded in the MA that certified copy of the judgment was received by the applicant on 15.05.2019. It is further pleaded that the counsel who argued his OA, has handed over the complete record of the OA on 10.07.2019 only and thereafter due to applicant's ill health, the delay has occurred in filing the RA.
I have perused the MA and also gone through the reasons put-forth by the review applicant for condonation of delay in filing the accompanying RA.
Rule 17 (1) of the Central Administrative Tribunal (Procedure) Rules, 1987 prescribes that no application for review shall be entertained unless it is filed within 30 days from the date of receipt of copy of the order sought to be reviewed.
The applicant in the MA has himself admitted that he received a certified copy of the order dated 16.04.2019 on 15.05.2019. Thus by his own admission, the review was required to be filed by 16.06.2019, which has been actually filed on 22.07.2019, i.e., after a gap of more than one month, whereas in the MA the review applicant has stated that there is a delay of only 20 days in filing the MA.
Thus, the reasons put-forth by the applicant in the MA are neither convincing nor acceptable. If the review applicant was really vigilant about the matter, he could have acted promptly on receipt of order and filed the RA within the stipulated period of 30 days, but he has failed to do so.
In view of the above, this Tribunal finds itself handicapped in allowing the MA, which is accordingly rejected. No costs.