2t * IN THE HIGH COURT W.P.(C) No.5904/2010 DELHI AT NEW DELHI EX CT/GD BHARAM PRAKASH ..... Petitioner Through Mr. Randhir Singh Kalkal, Adv. versus UNION OF INDIA & ORS ..... Respondents Through Mr. Ankur Chhiber, Adv. Mr. Atul Nanda, Adv. with Mr. Sugandha, Adv. CORAM: HON'BLE MS. JUSTTCE G|TA MTTTAL HON'BLE MR. JUSTTCE MANMOHAN STNGH ORDER o/o 31.O8.2O1O 1. By way of the present writ petition, we find that the petitioner has assailed an order dated 22d August, 2007 whereby the petitioner was found guilty of the charges relating to allegations of absence without leave and the punishment of dismissal from service was imposed upon him. The petitioner also assails the order dated 28th January, 2009 whereby his statutory appeal was rejected on the ground of the same being time barred. 2. Having heard learned counsel for the parties, we are of the view that the petitioner has explained the circumstances in which delay was occasioned in filing the appeal. In any case, the grounds for challenge to the impugned orders are such which deserve the attention of the Appellate OF Y a Contd......P12 Digitally Signed By:AMULYA Certify that the digital file and physical file have been compared and the digital data is as per the physical file and no page is missing. Signature Not Verified 2- 3. passed by the Appellate Authority rejecting the petitioner's appeal on the grounds of limitation, 4. lt is further directed that the appeal dated 24th December, 20Og submitted by the petitioner shall be considered on merits by the Appellate Authority and not be rejected on the sole ground that the same is barred by limitation. The order which is passed by the Appellate Authority on such reconsideration shall be communicated to the petitioner who shall be at liberty to assail the same by way of any appropriate legal proceedings. 5. We make it clear that we have expressed no opinion on the merits of the contentions raised by the petitioner so far as his challenge to the order dated 22d August,2007 is concerned. 6. lt shall be open to the Appellate Authority to take a view in the matter Authority. uninfluenced by the orders we have passed today. This writ petition is allowed to the above extent and terms. Dasti to parties. In view thereof, we set aside the order dated 2gth Janu.", Uon -f t in the above I (*\4L orTf MrrrAL, J "f<vrtcl MANMoHAN s}N6r, T AUGUST 3L, 2010 aa