RAJESHWAR TIRKEY Vs. STATE OF C G

JUDGEMENT

(1.) CHALLENGE in this petition is to the order dated 02.06.2010 (Annexure P/l) passed by the Commissioner, Surguja Division, Ambikapur, District Surguja, whereby the appeal of the Petitioner was dismissed on the ground of delay holding that the appeal was not filed within a period of 45 days as prescribed under the provisions of Rule 25 of the Chhattisgarh Civil Services (Classification, Control & Appeal) Rules, 1966 (for short 'the Rules'), but after a period of about four months.

(2.) THE facts, in nutshell, are that the Petitioner, while working as Head Master at Middle School, Bhithua, Tahsil Sitapur, District Surguja, was engaged in election work. On account of certain alleged irregularities committed by the Petitioner, the District Election Officer imposed a penalty of withdrawal of one annual increment without cumulative effect by order dated 11.05.2009 (Annexure P/2). According to learned Counsel for the Petitioner, thereagainst, a review application was filed before the District Election Officer on 25.05.2009. As the same was not decided in time, the Petitioner preferred an appeal on 14.09.2009 against the order dated 11.05.2009 (Annexure P/2), passed by the District Election Officer. THE Commissioner, without considering the case on merits, dismissed the appeal holding that the same was barred by limitation and further, on the ground that there was no application for condonation of delay and no reasons have been stated therein.

(3.) EVEN otherwise, taking a pragmatic view, the appellate authority ought to have given one opportunity to the Petitioner to file an application or affidavit explaining the reasons for delay.