V K JAVALI Vs. STATE OF MYSORE

JUDGEMENT

(1.) An appeal preferred by the appellant to the governor under Rule 57 (5) of the Bombay Civil Services (Conduct, Discipline and Appeal) Rules (Rules) was withheld by the State government on the ground that the appeal had not been preferred within time, in exercise of powers under Rule 64 (3) which reads :

(2.) We are of the opinion that regardless of the question whether there was some slight delay, the State government ought not have withheld the appeal inasmuch as it had power to condone the delay on sufficient cause being shown. If the appellant has a just claim on merits, it would not be appropriate for the State to seek shelter under such a technical plea as delay in order to defeat his claim otherwise than on merits. He should not be deprived of his right to prefer the appeal by invoking Rule 64 (3) of the Rules. We, therefore, direct the State government to forward the appeal preferred by the appellant to the governor for a decision on merits in accordance with law in exercise of powers under Rule 57 (5) , within 90 days. The appeal is allowed to the aforesaid extent. There will be' no order as to costs.