1 S.B. Civil Writ Petition No.4217/2009 Gordhan Das Vaishnava vs The Secretary, Transport Corporation & Ors. DATE OF ORDER : - 4.5.2009 HON'BLE MR. PRAKASH TATIA, J. Mr. Mukesh Vyas, for the petitioner. <><><> Heard learned counsel for the petitioner. The petitioner is aggrieved against the order Annex.2 dated 28.1.2009 by which the appellate authority dismissed the petitioner's appeal against the order passed by the disciplinary authority dated 15.3.2005 by which he has been removed from service. The appeal was dismissed as the appeal was preferred after delay and was barred by time. Learned counsel for the petitioner submitted that the petitioner already deposited the amount for which he was charged. It is also submitted that the appeal has been dismissed only on the ground of delay and delay may be condoned so that appeal may be decided on merits. I considered the submissions of learned counsel for the petitioner and perused the impugned order imposing penalty upon the petitioner dated 15.3.2005 also. After going through all the facts of the case and the 2 reasons given in the order dated 15.3.2005 and the fact that appeal has been preferred after delay where the disciplinary authority clearly observed that in fact, the petitioner has no interest to serve the respondents, I do not find any reason to exercise the equitable jurisdiction under Article 227 of the Constitution of India in such matter. Hence, the writ petition of the petitioner is dismissed having no merit. (PRAKASH TATIA), J. c.p.goyal/-