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Service & Administrative LawSupreme Court of India

Prahlad Raut v. All India Institute of Medical Sciences

Civil Appeal · 2019 INSC 964Decided 27 Aug 2019
Civil Appeal No. 6640 of 2019
Justice R. Banumathi · Justice Indira Banerjee

Background

Prahlad Raut, a Steward at AIIMS, was removed from service in January 2000 under a rule allowing removal on conviction in a criminal case, after AIIMS learnt (several years after the fact) that he had been convicted in 1993 for theft while under suspension on separate embezzlement charges. Raut challenged the removal order before the Central Administrative Tribunal only in 2013, roughly 13 years later, and the Tribunal set aside his removal, but the Delhi High Court reversed the Tribunal, holding the challenge was hopelessly time-barred. Raut then appealed to the Supreme Court.

Decision Breakdown

The Supreme Court held that the cause of action to challenge a termination/removal order arises when that order is passed, and that forfeiture of benefits through a punitive removal is not a "continuing wrong" that keeps the limitation clock running indefinitely. Since Raut waited about 13 years to challenge his removal without any sufficient cause for the delay, his Original Application before the Tribunal was rightly held time-barred by the High Court. The Court also declined to show sympathy on the facts, noting the conviction was not on a technicality and Raut had been receiving subsistence allowance throughout. It dismissed the appeal and affirmed the High Court's judgment.

Lesson Learnt

Government/public-sector employees who wish to challenge a disciplinary removal order must act within the limitation period from the date of that order: an inordinately delayed challenge (here, 13 years) will not be entertained merely because the employee later feels aggrieved, since termination orders are not treated as a "continuing" cause of action.

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