JAGDISH PRASAD SHRIVASTAVA Vs. STATE OF M.P.

JUDGEMENT

(1.) This petition under Article 226 of the Constitution of India has been filed against the order dated 17.05.2016 passed by the Commissioner, Gwalior Division, Gwalior as well as order dated 18.09.2000 passed by the Collector, District Guna and order of punishment dated 19.05.2000 passed by SDO, Ashok Nagar.

(2.) The necessary facts for the disposal of the present petition in short are that the petitioner was working on the post of Patwari and a departmental enquiry was conducted against him and by order dated 19.05.2000 the punishment of stoppage of five increments with cumulative effects was imposed. Being aggrieved by the order of the SDO dated 19.05.2000, the petitioner filed an appeal before the Collector, District Guna, which too was dismissed by order dated 18.09.2000. It appears that thereafter the petitioner was satisfied with the order passed by the Collector and, therefore, he did not challenge the same and ultimately he retired from service. It appears that after his retirement, the petitioner challenged the order of the Collector dated 18.09.2000 by filing an appeal before the Commissioner, Gwalior Division, Gwalior after a lapse of more than 15 years and 7 months. The appeal filed by the petitioner has been rejected by the Commissioner, Gwalior Division on the ground that the appeal filed by the petitioner suffers from delay and latches and it was also held that there is no provision of second appeal. It is submitted by the counsel for the petitioner that it is correct that the petitioner did not challenge the order of Collector which was passed on 18.09.2000, but he waited till his retirement because he was under apprehension that in case if he challenges the order of the Collector then he would be harassed by the authorities.

(3.) The submission made by the counsel for the petitioner cannot be accepted.