^ HIGH COURT OF CHHATTISGARH AT BILASPUR WritADDealNo.349of2010 APPELLANT: Rajnikant Prasad, S/o Late Shri R.S. Prasad, aged at present about 44 years, Employedas Washerman in CISF-BIOP Depot-4, Kirandol, Distt. Dantewada (CG) Presently posted at CISF Unit SECL, Kusmunda, District Korba (CG) Versus RESPONDENTS: 1. 2. 3. 4. 5. Union of India, Through the Secretary, Ministry of Home, North Block, New Delhi The Director, Central Industrial Security Force (Ministry of Home Affairs) 13, CGO Complex, Lodhi Road, New Delhi-3 The Deputy Inspector General, Central Industrial Security Force, East Zone, Headquarters, Patna-13 (Bihar) The Sr. Commandant, Central Industrial Security Force, Unit NALCO DAMANJODI, District Koraput (Orissa) The Assistant Commandant, Central Industrial Security Force, Unit BIOP Depot-14, Kirandul - 494556, District Dantewada (CG) Present: Shri B.P. Rao, counsel for the appellant. Smt. Smita Ghai, Standing Counsel for Union of India. Division Bench: Hon'ble Shri Dhirendra Mishra & Hon'ble Shri R.N. Chandrakar. JJ. ORAL JUDGMENT (22-2-2011) The following judgment of the Court was delivered by Dhirendra Mishra, J. 1. Heard on admission. .^^S^s^ ^^-^ ^ j-^gtl ^. ^^/ y> 2. This writ appeaF is directedagainst the order dated 19th August, 2010 passed in Writ Petition (S) No.4193/2007 (Annexure-A/1) whereby the appellant's writ petition against denial of opportunity to appear in the departmental selection for the post of Head Clerk by the respondents has been dismissed. 3. Grievance of the appellant before the learned Single Judge was that the appellant submitted his application for recruitment on the post of Head Clerk on 13th February 2007 as a departmental candidate to his immediate officer, however, the same was not considered by the respondents on the ground that it was received on 5-3-2007 in the office of DIG, CISF East Zone Headquarter, Patna whereas the last date for submission of receipt of application was 25-2-2007. 4. Learned counsel for the appellant argued that the appellant has submitted his application to his immediate officer well in advance and if there was any delay in forwarding after the receipt of the appellant's application before the appropriate authority, the appellant could not be denied opportunity to appear in written examination, as delay in receipt of application was not due to his fault, but on account of delay in departmental communication. 5. Rejecting the aforesaid contention, learned Single Judge has held that the recruitment notification clearly stated that DIG, CISF East Zone, Patna alone was authorized to receive the application forms. The appellant could either submit his application directly or if he wanted to submit through official channel, he ought to have submitted it so well in advance as to reach in the office of DIG, CISF East Zone, Patna on or -- & ^&..--.^^.^. v[^y^--y^. 31 before 25-2-2007. After detailing the manner in which the appellant's application was forwarded by the superior authorities after its submission on 15-2-2007, it has been held that the superior officers acted with utmost promptitude in forwarding the appellant's application from their respective offices by speed post, however, on account of postal communication, his application could reach only on 5 March 2007 for which departmental authorities cannot be held liable. 6. After considering the reasons assigned by the learned Single Judge in arriving at aforesaidconclusion, we are of the opinion that the appellant's petition was sans merit and the same has been rightly dismissed by the learned Single Judge. 7. We find no substance in this writ appeal, the same deserves to be and is accordingly dismissed in limine. Barve Sd/- Dhirendra Mishar Judge Sd/- R.N. Chandrakar Judge