1 S.B.CIVIL WRIT PETITION NO.7250/2008 Khinwara Ram Vs. R.S.R.T.C. & Ors. Date of Order :: 15.9.2008 HON'BLE MR. JUSTICE GOVIND MATHUR Mr. Sandeep Shah, for the petitioner. Mr. B.S. Bhati, for the respondent-Corporation. ... Issue notice as to why this petition for writ be not finally heard and accepted as prayed at admission stage. Under the instructions of the Court Sh. B.S. Bhati, learned Standing Counsel for the Rajasthan State Road Transport Corporation accepts notice. Looking to the nature of controversy available I consider it appropriate to dispose of this petition for writ today itself. The factual matrix of the case is that under an order dated 30.4.2008 the Chief Manager, Rajasthan State Road Transport Corporation, Barmer while exercising powers under Clause 36(2) of the applicable Standing Orders imposed a penalty of withholding of four annual grade increments with cumulative effect. A fine of Rs.6000/- is also imposed by the disciplinary authority under the same order. The order aforesaid was served upon the petitioner on 21.5.2008 through Sh. Harak Chand, a Driver with Rajasthan State Road Transport Corporation, Jaisalmer. Being aggrieved by the order dated 30.4.2008 the petitioner preferred 2 an appeal before the competent appellate authority, however, the same was not entertained being barred by limitation as prescribed under clause 35(7) of the Standing Orders. It is sated by learned counsel for the petitioner that the petitioner received copy of the order passed by the disciplinary authority on 21.5.2008 and quite diligently he submitted appeal on 3.6.2008 itself that is within the limitation prescribed under Clause 35(7) of the Standing Orders. Without entering into the question as to whether the limitation is required to be computed from the date of issuance of the order or from the date of service as the issue regarding service of the order disputed in the present controversy. Looking to facts of the case I consider it appropriate to direct the appellate authority to entertain the appeal and to decide the same on merits. Accordingly, this petition for writ is allowed. The respondents, General Manager (Operation), Rajasthan State Road Transport Corporation, Jodhpur Zone, Jodhpur is directed to entertain the appeal preferred by the petitioner giving challenge to the order dated 30.4.2008 and to decide the same on merits as per the law. (GOVIND MATHUR), J. Jgoyal '