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Judgment
A short request has been made by learned counsel for the petitioner that against the impugned orders, the petitioner had preferred appeals to the Appellate Authority as provided under the Standing Orders. However, the Appellate Authority has rejected his appeal on the ground of limitation. Learned counsel submits that the provisions of Limitation Act are not to be strictly applied in inter-departmental appeals and if there are cogent reasons coming forward, the appeals ought to be decided on merits.
Learned counsel for the respondents has orally opposed the petition and pointed out that the concerned individual persons are to be vigilant enough of their rights and they should file their appeals within time and no objection can be raised if the appeals are filed belatedly after expiry of the requisite period as provided under the Standing Orders.
I have considered the submissions.
As per Clause 35(vii) of the RSRTC Employees Standing Order, 1965 appeal against the orders of punishment can be preferred within 30 days from the date of passing of order.
Admittedly, the appeal has been preferred after the said period of 30 days has lapsed. While the Appellate Authority might have not committed any error in rejecting the appeals on the ground of being belatedly filed, however, interest of justice demands that in matters relating to punishments a latitude ought to be given with regard to challenge of orders of punishment in departmental appeals and in order to avoid further litigation it would be appropriate that the appellate authority examines the punishment orders on merits and proceeds to decide them on merits.
Keeping in view above and taking into consideration the nature of punishment orders passed, it would be appropriate to remand the matter back to the Appellate Authority with directions that the Appellate Authority would examine the matter after giving fair opportunity of hearing to the petitioners and pass a speaking order on merits of the case. The said orders be passed within a period of 3 months from the date of submission of the certified copy.
The writ petition is accordingly, disposed of.