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S.B. Civil writ petition No. 1768/2004
Trilok Singh
vs
Raj. Civil Services Appellate Tribunal & Ors.
Date of dated 25.2.2010
HON'BLE MR. PRAKASH TATIA, J.
Mr. GR Goyal, for the petitioner.
Mrs. Pratisha Dave, for the respondents.
Heard learned counsel for the parties.
The petitioner’s appeal was dismissed by the
Rajasthan Civil Services Appellate Tribunal, Jaipur vide
order dated 20.2.2004 merely on the ground that appeal
was barred by time and application for condonation of delay
has not been filed.
Brief facts of the case are that the petitioner sought
relief of second selection grade on completion of 18 years of
service w.e.f. 10.7.1998 through proper channel. The
petitioner’s said request was declined vide order dated
6.8.2003. The said order was given to the petitioner
alongwith theletter dated 10.12.2003 and petitioner
preferred appeal before the appellate tribunal on
26.12.2003.
The tribunal was of the view that the limitation started
from the date of order dated 6.8.2003 and not when copy of
the order was supplied to the petitioner. The copy of the
order dated 6.8.2003 placed on record as Annex.1. This
order has been conveyed to the concerned authority and not
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to the petitioner. There is no endorsement that this order
was sent to the petitioner by the said authority directly.
Therefore, the petitioner had no knowledge of the order
dated 6.8.2003. The petitioner came to know about the
order on receipt of the communication dated 10.12.2003,
copy of which is placed on record as Annex.2. A person who
had no knowledge of any order cannot be aggrieved against
that order so as to become eligible to challenge that order.
In view of the above reasons, the writ petition of the
petitioner is allowed. The order of the tribunal dated
20.2.2004 is set aside. The appeal of the petitioner is held
to be in limitation. The appeal may be decided by the
tribunal on merits.
[PRAKASH TATIA], J.
cpgoyal/-