D.B. CIVIL SPECIAL APPEAL (WRIT) NO.1452/2007 State of Rajasthan & Anr.Vs.Dr. Ajay Pal Singh Date of Judgment :: July 17, 2008. HON'BLE THE CHIEF JUSTICE MR.NARAYAN ROY HON'BLE MR.JUSTICE MOHAMMAD RAFIQ Mr. M.S. Raghaw, Addl.Advocate General for the appellants. *** Heard learned counsel for the appellants. This appeal was filed after abnormal delay of 641 days. However, considering the facts and circumstances of the case and for the reasons disclosed in the application under Section 5 of the Limitation Act, the delay in filing this appeal is condoned. The writ application was allowed by the learned Single Judge of this Court and the order of punishment passed against the delinquent employee was set aside; consequent upon that, a direction was issued to the respondents to pay the entire outstanding amount of pension to the writ petitioner within a period of ninety days from the date of receipt of this order. The impugned order is dated 30.6.2004 whereas this appeal was filed in the year 2006. Nowhere, it is stated in the memorandum of appeal that the order impugned which was to be complied with within a period of ninety days from the date of the order, has been complied with or not. Besides these aspects of the matter, it appears that the learned Single Judge of this Court set aside the order of punishment finding flagrant violation of Rule 170 of the Rajasthan Service Rules and keeping in view the earlier Division Bench judgment of this Court as rendered in the case of State of Rajasthan Vs. Shankar Lal Verma (DBCSA No.678/2003 decided on 18.9.2003), allowed the writ application. -2- On scanning the facts of the case and finding the breach of law as referred to above, in our view, the learned Single Judge was wholly justified in passing the order impugned. For the reasons aforementioned, therefore, we do not find any merit in this appeal. It is accordingly dismissed. (MOHAMMAD RAFIQ),J. (NARAYAN ROY),CJ. Skant/-