BIRENDRA THAKUR Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard.

(2.) It is submitted that the petitioner was awarded punishment of with-holding two annual increments with cumulative effect by order dated 27.8.1998 (Annexure 1); against which he filed appeal before the Divisional Commissioner, Santhal Parganas Division, Dumka (respondent no. 2); and by letter dated 3.8.2000 (Annexure 3) it was informed that the appellate authority has remanded the matter to the disciplinary authority for reconsideration. After remand, the disciplinary authority confirmed his earlier order (Annexure 1) by order dated 24.11.2006 (Annexure 6). The petitioner then preferred appeal (Annexure 7) before the appellate authority on 12.12.2006, but the petitioner has been communicated by respondent no. 4 vide letter dated 17.4.2008 (Annexure 9) that no order can be passed on the appeal as it is barred by limitation. It is submitted by learned counsel for the petitioner that in the circumstances of the case the appeal was not barred by limitation.

(3.) Counsel for the State submitted that the petitioner filed appeal against the original order dated 27.8.1998 (Annexure 1) and, therefore, it was barred by limitation and that nothing was said in the appeal about the order passed on remand and, therefore, the appellate authority has rightly dismissed the appeal on the ground of limitation.