This is a special appeal against the dismissal of a writ petition challenging an order of censure imposed on a government servant as a valid government servant, citing delay in filing appeal as the reason for dismissal.
The appeal was dismissed without interference with the lower court's order.
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
D.B. Special Appeal Writ No. 300/2021
Radha Raman Gupta S/o Shri Murari Lal Gupta, Aged About 46 Years, R/o Ward No. 1, Khedliganj, District Alwar, Rajasthan.
----Appellant
----Respondents
For Appellant(s) : Mr. Amit Jindal through VC For Respondent(s) : Mr. Rajesh Maharshi, AAG through VC
HON'BLE THE CHIEF JUSTICE MR. AKIL KURESHI HON'BLE MR. JUSTICE SAMEER JAIN
Judgment
21/01/2022
This appeal is directed against the judgment of the learned Single Judge dated 22.01.2021 dismissing the petition of the appellant-original petitioner. The petitioner is a government servant. He was visited with the penalty of censure in the year 2002. He challenged the same after more than three years. His appeal was dismissed on the ground of delay. He thereafter filed a review petition which was also dismissed on the ground of delay upon which he approached the learned Single Judge. His writ petition came to be dismissed by the impugned order.
Having heard learned counsel for the parties and having perused the documents on record we do not find any reason to interfere. It may be that the review of the petitioner was rejected
(2 of 2)
[SAW-300/2021]
wrongly on the ground of delay nevertheless the appeal against the original order of penalty was filed nearly three years and three months after issuance of the order. The submission of the counsel for the appellant is that the order of punishment is not served on him which prevented him from filing the appeal, is not borne out from the appellate proceedings. The appellate authority has examined the nature of delay and considering the length of delay, the appeal was dismissed without entering into merits. No reason to interfere.
The appeal is dismissed.
(SAMEER JAIN),J
(AKIL KURESHI),CJ
BRIJ MOHAN GANDHI /47
2 issues framed by the court
Whether the High Court should interfere with the learned Single Judge's dismissal of the appellant's writ petition due to delay in filing the appeal against censure.
Whether the ground that the appellant was not served with the order of punishment justified the delay in filing the appeal.
1 provisions across 1 enactments
Radha Raman Gupta
State Of Rajasthan
Akil Kureshi
Sameer Jain
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
