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TMI Blog2018 (1) TMI 1663X X X X Extracts X X X X X X X X Extracts X X X X ..... titioners 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. - Writ Petition No. 103 of 2013 with Writ Petition No. 851 of 2013 - - ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... cember, 2004. The respondents filed a Summary Suit No.2870 of 2004 in this Court for the recovery of money against M/s. Adarsh Parivahan. The suit was decreed on 27th February, 2006. 3. A chargesheet came to be issued against the petitioners on 18/12/2009 nearly 8 years from the date of the incident. The petitioners filed O.A. No. 184 of 2010 and O.A.No. 243 of 2010 before the Tribunal for quashing of the chargesheet dated 4th December, 2009 on the ground of inordinate and unexplained delay in instituting the departmental proceedings against the petitioners. 4. The Tribunal by the impugned order dated 23rd August, 2012 was pleased to dismiss O.As. 5. Learned Counsel for the petitioners assailing the order of the Tribunal invited ou ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... et. 9. Heard learned Counsel. We find some substance in the contention of the learned Counsel for the petitioners 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. We further find 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. We find that it is on the basis of the sequence of events and the action taken by the respondents as mentioned in the syno ..... X X X X Extracts X X X X X X X X Extracts X X X X
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