Remanded

Rajendra Prasad S/O Kishna Ram v. Rajasthan State Roadways Transport Corporation

Rajasthan HC10 Sept 2020CW/1689/2020

Case brief

AI extract

What is this about?

Held that even though the appeal was filed after the limitation period, the interest of justice in punishment cases obliges the Appellate Authority to examine the matter on merits after providing a fair hearing to the petitioner.

What did the court decide?

Remanded the matter back to the Appellate Authority to examine the punishment orders on merits after giving fair opportunity of hearing and to pass a speaking order within 3 months.

Rajendra Prasad S/O Kishna Ram Vs… — Pension and Retirement Benefits | Rajasthan HC (2020)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Civil Writ Petition No.1689/2020

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Rajendra Prasad S/o Kishna Ram, Aged About 43 Years, R/o Vpo Katrathal, Tehsil And District Sikar.

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----Petitioner

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Versus

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Rajasthan State Roadways Transport Corporation, Jaipur Through Financial Advisor-Cum-Appellate Authority.

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Chief Manager, Rajasthan State Roadways Transport Corporation, Sikar Depo, Sikar

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----Respondents

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For Petitioner(s) : Mr. Anoop Dhand For Respondent(s) : Mr. Vinayak Joshi

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HON'BLE MR. JUSTICE SANJEEV PRAKASH SHARMA

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Judgment / Order

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10/09/2020

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A short request has been made by learned counsel for the petitioner that against the impugned orders, the petitioner had preferred appeals to the Appellate Authority as provided under the Standing Orders. However, the Appellate Authority has rejected his appeal on the ground of limitation. Learned counsel submits that the provisions of Limitation Act are not to be strictly applied in inter-departmental appeals and if there are cogent reasons coming forward, the appeals ought to be decided on merits.

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Learned counsel for the respondents has orally opposed the petition and pointed out that the concerned individual persons are to be vigilant enough of their rights and they should file their appeals within time and no objection can be raised if the appeals

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(2 of 2)

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[CW-1689/2020]

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are filed belatedly after expiry of the requisite period as provided under the Standing Orders.

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I have considered the submissions.

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As per Clause 35(vii) of the RSRTC Employees Standing

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Order, 1965 appeal against the orders of punishment can be preferred within 30 days from the date of passing of order.

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Admittedly, the appeal has been preferred after the said period of 30 days has lapsed. While the Appellate Authority might have not committed any error in rejecting the appeals on the ground of being belatedly filed, however, interest of justice demands that in matters relating to punishments a latitude ought to be given with regard to challenge of orders of punishment in departmental appeals and in order to avoid further litigation it would be appropriate that the appellate authority examines the punishment orders on merits and proceeds to decide them on merits.

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Keeping in view above and taking into consideration the nature of punishment orders passed, it would be appropriate to remand the matter back to the Appellate Authority with directions that the Appellate Authority would examine the matter after giving fair opportunity of hearing to the petitioners and pass a speaking order on merits of the case. The said orders be passed within a period of 3 months from the date of submission of the certified copy.

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The writ petition is accordingly, disposed of.

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(SANJEEV PRAKASH SHARMA),J

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SAURABH YADAV/47

Rajendra Prasad S/O Kishna Ram v. Rajasthan State Roadways Transport Corporation

Case brief

What is this about?

What did the court decide?

Rajendra Prasad S/O Kishna Ram v. Rajasthan State Roadways Transport Corporation

Case brief

What is this about?

What did the court decide?

What the court decided

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