IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P. (S) No.2019 of 2009.
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BirendraThakur ... ... ... ... ... ... Petitioner
Versus
1. The State of Jharkhand
2. Divisional Commissioner, Santhal
Parganas Division, Dumka.
3. Deputy Commissioner, Deoghar
4. Deputy Collector, Establishment, Deoghar.
5. Sub Divisional Officer, Deoghar
6. Block Development Officer, Deoghar ... ... Respondents
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CORAM: HON'BLE MR. JUSTICE RAMESH KUMAR MERATHIA
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For the Petitioner : Mr. Vijay Shanker Jha , Advocate.
For the Respondents : J.C. to Sr. S.C. II.
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2. 7.1.2010
. Heard.
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.
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
Counsel for the petitioner submitted that it is true that the
fact about the order passed on remand was not mentioned in the
2.
appeal but, in fact, the order was passed after remand on
24.11.2006, and only thereafter, the petitioner could file appeal.
In the circumstances, in my opinion, the petitioner’s appeal
should be disposed of on merits.
Accordingly, the petitioner is permitted to file a
supplementary memo of appeal along with the copy of earlier
appeal and other relevant documents within four weeks from
today and the appellate authority-Divisional Commissioner,
Santhal Parganas Division, Dumka will pass reasoned order on
merits of the appeal in accordance with law, as early as possible
and preferably within two months from the date of filing of such
supplementary appeal by the petitioner.
With these observations and directions, this writ petition is
disposed of. However, no costs.
(R. K. Merathia, J)
AKS Cp.2.