1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR. O R D E R S.B. CIVIL WRIT PETITION No.6361/2002. : : Ram Narain Verma Vs. State of Rajasthan & Anr. : : Date of Order 18.11.2008 HON'BLE MR.JUSTICE MOHAMMAD RAFIQ Mr.Narendra Mishra for the petitioner. Mr.Hemant Gupta, Addl.Govt.Counsel for the State. Heard learned counsel for the parties. The writ-petitioner has challenged the order of penalty dated 13.12.1996, by which he was awarded stoppage of two annual grade increments without cumulative effect. Shri Narendra Mishra, learned counsel for the petitioner contended that he filed an appeal before the Director, which was rejected by the Government on 25.2.2002 on the ground that it was not filed on the prescribed proforma. Subsequently, the petitioner filed amended appeal. This appeal however was rejected on the ground that it was filed by the petitioner after 5 years and 2 months. Learned counsel for the petitioner has contended 2 that when he originally filed the appeal within limitation, but since he did not receive the order by which it was rejected, he never came to know about this order and, therefore, the subsequent appeal was filed with delay. In the facts of the case, it is not in dispute that the remedy of the appeal is available to the petitioner and appeal was not decided by the Appellate Authority on merits. In view of above facts, appellate authority was not justified in dismissing the appeal as time barred. Without going into the merit of the penalty order dated 13.12.1996, the matter is remitted back to the appellate authority by setting aside the order dated 23.4.2002 rejecting the appeal of the petitioner. It is hereby directed that the appeal of the petitioner shall be heard and decided after providing opportunity of hearing to the petitioner within a period of four months from the date copy of this order, produced before the respondents. Accordingly, this writ petition is allowed in part. (MOHAMMAD RAFIQ)J. A.Arora/- Item No.30.