1 S.B.CIVIL WRIT PETITION NO. 1923/2007 Sanjeev Kumar Dalal Vs. State of Rajasthan & Ors. Date of Order :: 28.4.2008 HON'BLE MR. JUSTICE GOVIND MATHUR Mr. P.R. Mehta, for the petitioner/s. Mr. Ravi Bhansali, for the respondents. Mr. Deepak Choudhary, Dy. Govt. Counsel. ... Challenging the order dated 5.6.2006 passed by the disciplinary authority the petitioner preferred an appeal as per the provisions of Rule 23 of the Rajasthan Civil Services (Classification, Control & Appeal) Rules, 1958 but that came to be rejected on 1.2.2007 on the count that the petitioner despite providing four opportunities for personal hearing failed to avail the same. From perusal of the documents annexed with the writ petition it appears that on 5.10.2006 the petitioner appeared before the appellate authority, but the matter was adjourned. On 28.10.2006 the petitioner failed to report before the appellate authority and therefore a request was made for adjournment. On 22.11.2006 the petitioner was on election duties, and therefore, it was not possible for him to avail opportunity of personal hearing given by the appellate authority. On 21.11.2006 at the request of the petitioner the matter was adjourned for 26.1.2007, however, no information in this regard was given to the petitioner and ultimately by the order impugned the appellate authority rejected the appeal preferred by the petitioner. 2 From narration of facts as above and also the averments contained in para 16 of the writ petition, it is established that the petitioner never ignored the appearance before the appellate authority intentionally. The matter was adjourned by the appellate authority for just reasons and on that count the petitioner cannot be held responsible or be said that he was not interested in availing the opportunity of personal hearing. The order of the appellate authority is, therefore, violative of principles of natural justice. Accordingly, the same deserves to be quashed. This petition for writ, for the reasons mentioned above, is allowed. The order dated 1.2.2007 passed by the appellate authority that is the Secretary to the Government of Raj, Department of Cooperatives is quashed. The appellate authority is directed to decide the appeal preferred by the petitioner afresh as per the provisions of Rule 30 of the Rules of 1958. The petitioner shall appear before the appellate authority for personal hearing on 24.5.2008. If any inconvenience is there to the appellate authority on 24.5.2008 he is at liberty to fix any other date for providing personal hearing to the petitioner. No order as to cost. (GOVIND MATHUR), J. Jgoyal