Jayanti Prasad Narain Singh v. U. P. Power Corporation Ltd. Thru Its M. D.
2016-03-10
ASHOK PAL SINGH, NARAYAN SHUKLA
body2016
DigiLaw.ai
JUDGMENT The petitioner has assailed the order dated 29 May 2006, whereby he was awarded a punishment after inquiry conducted under Sub Regulation 6(3) of U.P. State Electricity Board (Officers and Employees) (Service Conditions) Regulation, 1975 as amended as also the order dated 2 July 2015 passed by the appellate authority rejecting the petitioner's appeal being barred by time. 2. The learned counsel for the petitioner has submitted that the petitioner's appeal has been rejected being barred by time in exercise of power provided under sub Rule 4 of Rule 11 of U.P. Government Servants (Discipline and Appeal) Rules, 1999, which provides the period of limitation as 90 days to file an appeal against the order of punishment. 3. It has been submitted that once the petitioner's matter was inquired under the Regulation, 1975, which also contains the provision of appeal under Regulation 6(5), without having any period of limitation to file an appeal, there was no reason for the respondents to reject the petitioner's appeal on the ground of limitation. 4. Admittedly the Discipline and Appeal Rules 1999 has been adopted by the Power Corporation on 29 January 2014 w.e.f. 3 February 2000. Therefore, the learned counsel for the Power Corporation Mr. Amit Kumar Singh Bhaduriya has submitted that since the punishment and appeals Rules 1999 has been made applicable with retrospective date, on the date of order of punishment, it was deemed to be applicable and therefore the petitioner's matter has been dealt with under this Rule. 5. The petitioner was awarded punishment on 29 May 2006. He preferred an appeal on 24 April 2009 though there was delay in filing appeal, but once no period of limitation to file an appeal is provided, we are of the view that the petitioner's matter could not be rejected in view of the provisions of Rule 11(4) of the Discipline and Appeal Rules, 1999. However, we give liberty to the appellate authority to examine the reasonableness in filing appeal, after so much time, which has to be explained by the petitioner, if the appellate authority desires so. 6. In the result the impugned order dated 2 July 2015 is hereby quashed and the appeal is restored to the record of the appellate authority to decide it a fresh expeditiously preferably within three months from the date of communication of this order. 7.
6. In the result the impugned order dated 2 July 2015 is hereby quashed and the appeal is restored to the record of the appellate authority to decide it a fresh expeditiously preferably within three months from the date of communication of this order. 7. In the aforesaid terms the writ petition is disposed of finally.