STATE OF RAJASTHAN Vs. LAXMI NARAIN MISHRA

JUDGEMENT

(1.) THE State of Rajasthan has filed the present writ petition challenging the order of the Rajasthan Civil Service Appellate Tribunal dated 5th December, 1982, by filing the present writ petition on 18th June, 1985. The non -petitioner No. 1 filed an appeal against the adverse remarks communicated to him before the Tribunal. The Tribunal after considering over the matter accepted the appeal of the non -petitioner No. 1 and expugned the remarks. The Tribunal also over ruled the objection regarding maintainability of the appeal before it. Aggrieved against this order the State of Rajasthan has preferred the present writ petition. The learned Counsel for the non -petitioner No. 1 raised a preliminary objection that the present writ petition is belated one because the impugned order is of 1982 and the writ petition has been filed in the year 1985. There is no explanation for this delay.

(2.) I have gone through the writ petition and I do not find any explanation offered by the petitioner for this inordinate delay. So far as question of maintainability of appeal against the adverse entries is concerned. I have already held in the case of S.B. Civil Writ Petition No. 1583 of 1979 State of Rajasthan and Anr v. Narendra Singh Verma and Ors. that the Tribunal has jurisdiction. Since the writ petition has been filed at such belated stage and no explanation has been offered. I, therefore, am not inclined to interfere at the distance of time.