SBCWP3554/2010 // 1 // IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR ORDER IN S.B. Civil Writ Petition No.3554/2010 Asha Ram Vs. State of Rajasthan and Others Date of Order ::: 31.03.2010 Present Hon'ble Mr. Justice Mohammad Rafiq Shri Rameshwar Sharma, Counsel for petitioner Shri B.S. Rajawat, Deputy Government Counsel for respondents #### By the Court:- Petitioner, who was working as Contable Driver with respondent No.3, was served with a charge-sheet for alleged absence on his part. The enquiry officer found the charges as proved and the disciplinary authority punished him vide order dated 14.09.2007. Petitioner was removed from service and his absence period was sanctioned as extra ordinary leave. Petitioner preferred appeal against aforesaid order before respondent No.2 and the appellate authority vide order dated 04.07.2008 rejected the same on the ground of delay, though the delay is alleged due to non-supply of certified copy of penalty order. Revision petition, preferred by petitioner, has also been rejected on same SBCWP3554/2010 // 2 // ground. Upon hearing learned counsel for parties and perusing material on record, I deem it just and proper to set-aside the appellate order dated 04.07.2008 as the same has not been passed on merits of the matter. It is accordingly set-aside. The matter is remanded back to the appellate authority to decide the appeal of the petitioner afresh on merits. Writ petition accordingly stands disposed of. (Mohammad Rafiq) J. //Jaiman//