BANKEY SINGH Vs. STATE OF U P

JUDGEMENT

(1.) D. K. Seth, J. Shri S. N. Srivastava, learned Counsel for the petitioner ad dressed a very interesting question which might he formulated as follows:- "according to him appeal provided under Rule 56 can be withheld under Rule 64, if it is not preferred within six months but 11 it is not withheld and is forwarded to the appellate authority, despite the appeal having preferred beyond six months it is not open to the appellate authority to dismiss the appeal on the ground of its being preferred beyond six months. "

(2.) LEARNED Standing Counsel, on the other hand, contends that there cannot he an indefinite period for preferring an ap peal. It has to be preferred within a reasonable period which has been prescribed as six months. Unless sufficient cause has been shown for which the appeal could not be filed within six months, it is always open to the appellate authority to dismiss the same even it is not withheld but the question of not withholding of the appeal does not take away of the jurisdic tion of the appellate authority for deciding all the points that might be raised.

(3.) RULE 56 provides as follows:- "56. (1) Every person included in one of classes (1) to (5) specified in RULE 14, shall he entitled to appeal, as hereinafter provided, from an order passed by a competent authority:- (a) imposing upon him any of the follow ing penalties specified in RULE 49: (i) Reduction to lower post or time-scale, to a lower stage in a time-scale; (ii) Removal from the service of the State which does not disqualify from future employ ment and (iii) Dismissal from service of the State which ordinarily disqualifies from future employment: Provided that in the case of the other penalties specified in RULE 49, the absence of right of appeal shall not debar the punished Government servant from making a repre sentation against the imposition of any one of these penalties to the authority if any, next higher to the punished authority: Provided further that against a penalty of censure imposed by the Governor, the punished Government servant shall be entitled to make a representation to the Governor himself: Provided also that representations made by punished Government servants prior to the commencement of these rules, may also to entertained by the Governor. Note.-Such representation will not or dinarily be entertained unless it is preferred within six months from the date on which the Government servant concerned was informed of the order of punishment. (b) discharging him in accordance with the terms of his contract if- (i) he has been engaged on a contract for a fixed or for an indefinite period and has rendered under either form of contract con tinuous service for a period exceeding five years at the time when his services are terminated; or (ii) he comes under the provisions of RULEs 58 (3); (c) reducing or withholding the maximum pension including an additional pension, admis sible to him under the RULEs governing pensions. (2) Nothing in sub-rule (1) shall be con strued to confer on any person a right of appeal against an order passed by the Governor. "