BAL KISHAN Vs. R.T.A., GWALIOR

JUDGEMENT

(1.) THE impugned order is Annexure P -1 passed by the State Transport Appellate Tribunal, dismissing the appeal on the ground of limitation.

(2.) THE short point urged by Shri R.D. Jain raised a question of calculation. He has contended that the appellate Tribunal made a mis -calculation reaching a wrong conclusion that the appeal was time barred.

(3.) IN our view, the Tribunal erred in law in taking the view that the appeal had to be filed on 28.9.84 assuming that the appellant had knowledge of his application for renewal of the permit being rejected on that date. The Tribunal overlooked the fact that there was statutory requirement obliging the R.T.A. to communicate decision officially and otherwise also there was no material before the Tribunal to reach the conclusion that knowledge of the order of rejection was on the appellant, on 28.9.84 itself. The only material referred to in the impugned order is the memo of appeal, but we do not read in the memo of appeal any such admission. Indeed, in para 3, on the other hand, an averment is that the R.T.O., Gwalior heard the matter in question on 25.4.84 and without fixing date for orders, the case was closed. It is indeed, for that reason subsequently, by post, a communication was sent by letter dated 7.12.84 of the order passed, rejecting the application.