A Division Bench dismissed a delay appeal against a single judge order. The Bench held that as the single judge had passed an innocuous order with no direction in favor of the petitioner, the appeal was disposed of without addressing the delay.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
D.B. Special Appeal Writ No. 62/2021
----Appellants Versus
Ratan Singh Meena S/o Shri Baniyaram Meena, Aged About 49 Years, R/o Narayan Colony, Behind S.p. Kothi, Dholpur Rajasthan.
----Respondent
For Appellant(s) : Dr. Ganesh Parihar, AAG with Mr. Ashish Yadav For Respondent(s) :
HON'BLE THE CHIEF JUSTICE MR. AKIL KURESHI HON'BLE MS. JUSTICE REKHA BORANA
Order
15/11/2021
D.B. Civil Misc. Application No.26/2021:-
This appeal is filed with a delay of more than 400 days. Even otherwise we find that learned Single Judge has passed the order which should not aggrieved the Government. We therefore proceed to pass the following order ignoring the delay aspect.
D.B. Special Appeal Writ No. 62/2021:-
It may be true that the learned Single Judge has decided the writ petition by an exparte order dated 22.08.2019. However the order is innocuous and there is no direction in favour of the petitioner for recall of the suspension order.
(2 of 2)
[SAW-62/2021]
What learned Single Judge required to do under the said order was to pass a speaking order in accordance with law within 60 days. This requirement of passing a speaking order is correct after continuous suspension of the original petitioner- Government employee. The Government cannot object to such innocuous order being passed. It is true that there is a reference of the decision in the case of Mavendra Singh Vs. State of Rajasthan and Ors, SBCWP No.4276/2018 decided on 21.12.2018, however there is nothing stated by the learned Single Judge that the ratio laid down in the said decision whether reverse or not and whether applicable or not, must be applied. The Government is bound to apply the correct law while passing the speaking order.
With these observations, the appeal is disposed of.
(REKHA BORANA),J
(AKIL KURESHI),CJ
KAMLESH KUMAR/N.GADHI/34
2 issues framed by the court
Whether the High Court can dispose of a delay writ appeal when the impugned single judge order is merely innocuous?
Whether the Government is bound to correct any non-speaking order passed during continuous suspension of a public employee.
Colour shows how this judgement treated each authority
Mavendra Singh Vs. State of Rajasthan and OrsExplained¶17
Mavendra Singh Vs. State of Rajasthan and Ors, SBCWP No.4276/2018
The State Of Rajasthan
Ratan Singh Meena
Mr. Akil Kureshi
Ms. Rekha Borana
As recorded by the court registry
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