ROSHNI DEVI Vs. DEPUTY COMMISSIONER MANDI

JUDGEMENT

(1.) Present petition has been preferred by the petitioner against return of appeal preferred by her under Clause 12 of ICDS Scheme/Guidelines issued for engagement of Anganwari Workers, on the ground that the said appeal was filed after expiry of limitation period of 30 days provided for filing the appeal under the said Clause.

(2.) Petitioner and respondent No.5 had applied for the post of Anganwari Workers and after conducting interview respondent No.5 was declared to be selected on 15/9/2020. Petitioner had preferred an appeal on 16/10/2020, which according to the respondents, was barred by limitation, as there was delay of one day.

(3.) It has been claimed by the respondents that as held in CWP No.1949 of 2008, titled as Hira Mani vs. Jaiwanti, being a statutory authority, in terms of the Policy guidelines, the Appellate Authority does not have the power under Sec. 5 of the Limitation Act, to condone the delay, and as no such power is conferred in the guidelines for condonation of delay, Appellate Authority, cannot enlarge the time by condoning the delay in filing the appeal, and therefore, return of appeal by Appellate Authority has been justified.