Short Note : 1. The petition was directed against the order by the Sub-Divisional Officer, dated 15th January 1969, by which the petitioner was compulsorily retired as Patwari. Held : Learned counsel for the petitioner has submitted that the Commissioner was in error in holding that no second appeal lay to him. But it is settled that a second appeal lay to the Commissioner and he was not justified in refusing to entertain the second appeal. It is true that after the decision by the Commissioner, the petitioner filed are presentation to the State Government and filed the petition in this Court a bit late and this Court may have refused to interfere on account of the delay in filing the petition but it appears that was another Judgment of the Revenue Board in Vanmali Prasad v. State of M.P., 1964 RN 171, in which a contrary view had been taken. In this view of the matter, this Court is not prepared to throw away the petition on the ground of delay. Therefore, this Court is of opinion that this petition must be allowed on the short point that the Commissioner had jurisdiction to bear the second appeal filed by the petitioner and his order refusing to entertain the appeal is liable to be set aside. Ramkishan v. State of M.P., 1977 JLJ 243 1977 RN 109 relied on. Petition allowed.