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2018 (1) TMI 1663 - BOMBAY HIGH COURTCondonation of delay in instituting the departmental proceedings against the petitioners - chargesheet came to be issued against the petitioners on 18/12/2009 nearly 8 years from the date of the incident - satisfactory explanation for delay was produced or not - HELD THAT:- The Tribunal has relied upon the brief synopsis and the events mentioned therein while arriving at the finding that the delay is satisfactorily explained. It is further found that in the reply filed by the respondents there is no mention of the details which are set out in the brief synopsis. It is also the submission of the learned Counsel for the petitioners that the brief synopsis which is at Exh.M to the petitions was tendered after completion of the pleadings and when the arguments were in progress. It is on the basis of the sequence of events and the action taken by the respondents as mentioned in the synopsis but which are not part of the pleadings that the Tribunal proceeded to hold that the delay has been satisfactorily explained. The Tribunal could not have relied upon the events mentioned in the synopsis which events were clearly beyond the pleadings or the materials on record. The matter needs to be remitted back to the Tribunal for a fresh decision on merits - Writ Petitions are partly allowed.
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