Prakash Vishnoi vs The State Of Rajasthan
2021 Latest Caselaw 5131 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 4415/2019

Prakash Vishnoi S/o Shri Kishna Ram, Aged About 30 Years, Resident Of Village And Post Khudala, Tehsil Luni, District Jodhpur.

----Petitioner Versus

1. The State Of Rajasthan, Through The Secretary, Department Of Home Affairs, Government Of Rajasthan, Jaipur.

2. The Inspector General Of Police, Jodhpur Range Jodhpur.

3. The Superintendent Of Police, Pali.

----Respondents

For Petitioner(s) : Mr. Sushil Solanki

JUSTICE DINESH MEHTA

Judgment

23/02/2021

1. Petitioner's appeal has been rejected by the Appellate

Authority vide order dated 30.10.2018 on the ground of limitation.

2. On 21.08.2019, this Court had asked the petitioner to find

out as to whether any application seeking condonation of delay

was filed with the appeal or not.

3. Learned counsel for the petitioner fairly conceded that no

application under Section 5 of the Limitation Act seeking

condonation of delay was filed.

4. Mr. Solanki nevertheless argued that for a petty breach, five

annual grade increments with cumulative effect have been

withheld by the respondents and in appeal filed thereagainst the

petitioner has been non-suited on technical ground of limitation.

(2 of 2) [CW-4415/2019]

He argued that the Appellate Authority ought to have decided the

appeal on merit, particularly when there was only 11 months'

delay in preferring the appeal.

5. Learned counsel for the petitioner insisted that his writ

petition be heard on merit and the order impugned be examined

in light of the arguments advanced.

6. In considered opinion of this Court since the Appellate

Authority has not examined petitioner's appeal on merit and

rather, dismissed the same on the ground of limitation, no

indulgence can be granted to the petitioner, particularly when the

petitioner's appeal was not accompanied with the application

under Section 5 of the Limitation Act.

7. Learned counsel for the petitioner at this juncture prayed

that the writ petition be dismissed as withdrawn with liberty to

file a review petition before the Appellate Authority along with

application seeking condonation of delay.

8. The writ petition is, therefore, dismissed as withdrawn with

the liberty as prayed for.

9. In case petitioner prefers a review application by 15 th March

2021, along with application under Sections 5 and 14 of the

Limitation Act, the Appellate Authority shall ignore the period

lapsed during pendency of the present writ petition (between

11.03.2019 to 15.03.2021) and consider the review application so

also the application under Sections 5 and 14 of the Limitation Act

and appeal in accordance with law.

10. Stay application is also dismissed.

(DINESH MEHTA),J 15-A.Arora/-

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