Central Administrative Tribunal
Umesh Kumar Tiwari vs RAIL BHAWAN on 5 November 2026
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CENTRAL ADMINISTRATIVE TRIBUNAL ALLAHABAD Order Sheet Item no.: 9 M.A./5946/2026 (ALLAHABAD) [ CONDONATION OF DELAY ] In Diary No.: 7719/2026 PROMOTION Court No.: 3 No of Adjournment: Order Dated: 05/11/2026 UMESH KUMAR TIWARI Vs RAIL BHAWAN
For Applicant(s) Advocate :
For Respondent(s) Advocate : Order of The Tribunal Shri Shrey Jaiswal along with Shri P.K. Mishra, learned counsel for the applicant and Shri M.K. Sharma, learned counsel for the respondents are present and heard. Registry is hereby directed to reflect the name of Shri P.K. Mishra as applicant counsel and Shri M.K. Sharma as respondents counsel in the future cause list. M.A. No. 5946/2026 (Delay Condonation Application) Learned counsel for the applicants submitted that the applicants are challenging the impugned order dated 19.05.2025, issued in pursuance of the earlier order dated 15.01.2025 passed by this Tribunal in O.A. No. 378/2022. He further submitted that the applicants had filed Contempt Petition No. 276/2025 alleging non-compliance with the aforesaid order. The said contempt petition was finally disposed of on 18.05.2026, granting liberty to the applicants to challenge the office order dated 19.05.2025 before the appropriate forum. Therefore, the delay in filing the instant O.A. was neither intentional nor deliberate. Accordingly, learned counsel prayed that the delay condonation application be allowed so that the matter may be adjudicated on merits. Considering the relief sought by the applicants, the fact that the impugned order was passed during the pendency of the contempt proceedings, and the overall facts and circumstances of the case, we are of the considered opinion that the delay in filing the instant O.A. deserves to be condoned. Accordingly, the delay condonation application is allowed. The delay in filing the O.A. is hereby condoned, and the O.A. shall be treated as having been filed within the period of limitation. The Registry is directed to allot a regular number to the O.A. Order in O.A. Respondents are directed to file their counter affidavit within four weeks. Thereafter, the applicants may file rejoinder affidavit, if any, within two weeks. List this matter on 20.01.2027 for completion of pleadings.
Ms Manju Pandey Member (A) Rajnish Kumar Rai Member (J) Ashish Kumar ( )