NCDRC

NCDRC

RP/115/2011

MOHAMMED ABBAS - Complainant(s)

Versus

UNION OF INDIA & ORS. - Opp.Party(s)

MR. G. SIVABALMURUGAN

08 Mar 2011

ORDER

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
NEW DELHI
 
REVISION PETITION NO. 115 OF 2011
 
(Against the Order dated 16/06/2010 in Appeal No. 13/2009 of the State Commission Tamil Nadu)
1. MOHAMMED ABBAS
Lab Superintendent Grade-I, Railway Hospitals, Souther Railway
Trichy
Tamil Nadu
...........Petitioner(s)
Versus 
1. UNION OF INDIA & ORS.
Divisional Railway Mangaer, Southern Railways
Trichy
Tamil Nadu
2. THE CHIEF MEDICAL SUPERINTENDENT RAILWAY HOSPITALS
Southern Railway Golden Rock
Trichy
Tamil Nadu
3. THE SENIOR DIVISIONAL MEDICAL OFFICER
Railway Hospitals, Southern Railway, Golden Rock
Trichy
Tamil Nadu
4. DR. MADAN MOHAN, EX. SR. DIVISIONAL MEDICAL OFFICER
Southern Railways
Trichy
Tamil Nadu
...........Respondent(s)

BEFORE: 
 HON'BLE MR. JUSTICE R.K. BATTA, PRESIDING MEMBER
 HON'BLE MR. VINAY KUMAR, MEMBER

For the Petitioner :NEMO
For the Respondent :NEMO

Dated : 08 Mar 2011
ORDER

The matter was called twice in the morning session and on the second occasion at 11.30 p.m. The date in this case for today was taken by the Counsel for the Petitioner but no one is present on behalf of the Petitioner. The revision has been filed with delay of 119 days. The explanation given for the said delay is shown in paragraph 3 of the application which reads as under:- hat the Petitioner herein most respectfully submits that the order copy was made ready only on 10.08.2010 and thereafter, the Petitioner has duly consulted his Counsel and decided to file the present appeal. In the said course of action there was some delay occurred. This obviously cannot be considered as sufficient ground or explanation for condoning delay of 119 days. Therefore, the application for condonation of delay is hereby dismissed. Even on merits, we do not find that any case has been made out by the Petitioner. There are concurrent findings of two fora below. Both the fora below have found that the Petitioner had, in fact, moved a similar application before the Central Administrative Tribunal for production of certain documents in respect of which it was represented that some of them were confidential documents. The fora below have, therefore, rightly dismissed the application filed by the Petitioner. We do not find that any case has been made out for interference in the impugned orders in the exercise of revisional jurisdiction as we do not find any jurisdictional error, illegality or material irregularity in the orders of fora below. In view of the above, the revision is dismissed not only on the ground of delay for filing the revision but also on merits with no order as to costs.

 
......................J
R.K. BATTA
PRESIDING MEMBER
......................
VINAY KUMAR
MEMBER

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