1 S.B. CIVIL WRIT PETITION NO. 865/2008. (NARAYANLAL GAMETI VS. STATE & ORS.) DATE OF ORDER : 24.04.2008. HON'BLE MR. GOVIND MATHUR, J. Mr. G.R. Punia for the petitioner. By the order dated 14.01.2002, the petitioner was removed from service after holding disciplinary proceedings as per Rule 16 of the Rajasthan Civil Services (Classification, Control and Appeal) Rules, 1958 for the charge that he remained unauthorizedly absent from duties since 24.11.2000. A challenge to the order passed by the disciplinary authority was given by the petitioner by way of filing an appeal under Rule 23 of the Rules of 1958 on 18.05.2006. The Executive Engineer -cum-Techincal Assistant to the Additional Chief Engineer (Head Quarter), Jaipur refused to entertain the appeal being remitted after a lapse of about four years after imposition of the penalty. Being aggrieved by the order passed by the disciplinary authority as well as by the Executive Engineer-cum-Techincal Assistant to the Additional Chief Engineer (Head Quarter), Jaipur. Hence, this petition for writ is preferred. Though validity of the order impugned is assailed on various ground, but I do not consider it appropriate to enter into 2 all those questions, in view of the fact that as a matter of fact, the appeal preferred by the petitioner has not been considered by the appellate authority, but is entertained by the Executive Engineer-cum-Techincal Assistant to the Additional Chief Engineer (Head Quarter), Jaipur. The appellate authority to examine validity of the order passed by the disciplinary authority is the Chief Engineer and, therefore, it was for the Chief Engineer to consider and examine the appeal and not the Executive Engineer-cum-Techincal Assistant to the Additional Chief Engineer (Head Quarter). The non-consideration of the appeal, therefore, is apparently not in accordance with law. This petition for writ, therefore, is disposed of with a direction to the Chief Engineer, Public, Health and Engineering Department, Government of Rajasthan, Jaipur to consider and decide the appeal submitted by the petitioner in accordance with law. (GOVIND MATHUR)J. Anil/