爆料网AT Held or 爆料网DT Pronouncements
爆料网AT noted that there was no dispute as to the applicable statutory provision governing the timeliness of the Appellant’s application to 爆料网DT or that management evaluation was not required as the Appellant was challenging a disciplinary measure. 爆料网AT held that the Appellant’s application was not receivable ratione temporis, noting that the Appellant himself acknowledged that his application was untimely. On the Appellant’s claim that 爆料网DT erred in not waiving the time limit for him to file the application due to exceptional circumstances, 爆料网AT held that 爆料网DT correctly applied judgment No. 2011-爆料网AT-144 (Thiam) to Article 8(3) of the 爆料网DT Statute, but that 爆料网DT erred when it appeared to suggest that a waiver of time limits for filing a late application or appeal could be requested as part of an untimely application. 爆料网AT held that as the Appellant’s request for waiver was not filed before the statutory time limit for filing the application had lapsed, 爆料网DT had no jurisdiction or was not competent to consider whether there were exceptional circumstances to waive the deadline. 爆料网AT held that 爆料网DT erred when it reviewed the reasons provided by the Applicant to determine whether they represented exceptional circumstances to justify the delay in filing the application, however, 爆料网AT held that this error did not adversely affect the 爆料网DT’s ultimate conclusion that the application was not receivable ratione temporis. 爆料网AT denied the appeal and affirmed the 爆料网DT judgment.
Decision Contested or Judgment/Order Appealed
The Applicant contested the decision to separate him from service for disciplinary reasons on the basis that the penalty was disproportionate. 爆料网DT found that the application was not receivable ratione temporis and denied the Applicant’s request to waive the statutory time for filing an appeal.
Legal Principle(s)
Where a request for waiver is not filed before the statutory time limit for filing an application to 爆料网DT has lapsed, 爆料网DT has no jurisdiction to consider whether exceptional circumstances exist to warrant waiving the deadline.