The High Court dismissed a writ petition seeking review of a dismissal order, directing the petitioner to file an appeal within one month under the principle in Beerbal Singh v. Union of India & Ors.
The petitioner is allowed to prefer an appeal before the appropriate authority within one month; the writ petition is dismissed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
S.B. Civil Writ Petition No. 4185/2020
Raghuraj Singh S/o Shri Bhulli Singh, Aged About 43 Years, R/o Village And Post Jatolithoon, Tehsil Deeg, District Bharatpur.
----Petitioner
----Respondents
For Petitioner(s) : Mr. Manish Kumar Sharma. For Respondent(s) :
HON'BLE MR. JUSTICE ARUN BHANSALI Order
06/09/2021
Learned counsel for the petitioner submits that the issue raised in the present writ petition is squarely covered by order of a Coordinate Bench of this Court in Beerbal Singh v. Union of India & Ors.:S.B. Civil Writ Petition No.4290/2019 decided on 05.03.2019 and, therefore, the present writ petition may also be decided in light of the said order.
In the case of Beerbal Singh (Supra) the Court inter-alia directed as under:-
“Counsel for the petitioner fairly states that there is a provision of filing an appeal against the order impugned whereby the petitioner was dismissed from services. However, an appeal was not preferred within time and has, therefore, filed the present writ petition against the order impugned in this petition.
Taking into consideration the above submission, this Court allow the petitioner to prefer an appeal against the order impugned in this petition before the appropriate authority. If such an
(2 of 2)
[CW-4185/2020]
appeal is preferred within a period of one month, the Appellate Authority shall examine the appeal on merits without objecting on the ground of limitation and pass speaking order expeditiously.
With the aforesaid observations, the writ petition is dismissed.”
In view of the submissions made by counsel for the petitioner, the present writ petition is also dismissed in terms of and with directions as given in the case of Beerbal Singh (Supra).
(ARUN BHANSALI),J
172-PRADEEP KUMAR LIMBA /686
1 issue framed by the court
Whether the present writ petition should be decided in light of the order passed in Beerbal Singh v. Union of India & Ors.
Colour shows how this judgement treated each authority
Beerbal Singh v. Union of India & Ors.Followed¶13
Beerbal Singh v. Union of India & Ors.:S.B. Civil Writ Petition No.4290/2019
Raghuraj Singh
State Of Rajasthan
Arun Bhansali
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
