DINESH CHANDRA SHARMA Vs. YASHVEER SINGH GHURAIYA

JUDGEMENT

(1.) HEARD the learned counsel for the petitioner.

(2.) THE Second Appellant Authority vide the impugned Order has set aside the Order passed by the Collector disposing of the first appeal on the ground that the said appeal had been presented beyond the prescribed period of limitation and the First Appellate Authority had no jurisdiction to entertain the appeal without the condonation of delay in the presentation of the same, which had never been sought for. It has been noticed that in spite of the fact that the first appeal had been presented beyond the prescribed period of limitation, no application had been filed by the appellant, seeking condonation of delay.

(3.) THE learned counsel for the petitioner has not disputed the correctness of the observations to the above effect made by the Second Appellate Authority in the impugned order. It is not disputed that the first appeal itself was barred by time and no application had been filed seeking condonation of delay exercising the jurisdiction envisaged under Rule 58 of the M. P. Municipal Employees (Recruitment and Conditions) Rules, 1968.