THE HON'BLE SRI JUSTICE R.SUBHASH REDDY WRIT PETITION No.8342 of 2010 ORDER: In this writ petition, petitioner has questioned the orders, dated 06.01.2010 passed by the third respondent/primary authority and the second respondent/appellate authority respectively. The petitioner was selected to the post of Field Assistant in the month of April, 2006 under National Rural Employment Guarantee Scheme. A show cause notice, dated 01.12.2009, was issued to the petitioner alleging some misconduct on his part. In spite of the fact that the explanation was submitted by him on 11.12.2009, he was removed from service by the third respondent vide order, dated 06.01.2010. It is the case of the petitioner that against the impugned order, dated 06.01.2010, which was served on him on 08.02.2010, he preferred an appeal before the second respondent on 03.03.2010. By the impugned order, dated 17.3.2010, the second respondent, without going into the merits of the case, rejected the appeal filed by the petitioner on the ground that it was not filed within the period of limitation. It is submitted by Sri G.Ramachandra Reddy, learned counsel for the petitioner that in spite of submitting explanation denying the allegations levelled against the petitioner in the show cause notice, without recording any valid reason, the primary authority passed order, dated 06.01.2010 removing the petitioner from service and that as much as the said order was served on the petitioner on 08.02.2010, the appeal filed by him on 03.03.2010 is very much within the limitation. I have perused the orders of the primary authority and the appellate authority. The appellate authority has rejected the appeal filed by the petitioner only on the ground of limitation. When the order of the primary authority itself says that the appeal should be filed within a period of 30 days, the period for filing appeal shall be counted from the date of service of the order, but not from the date of the order. As much as the order, dated 06.01.2010 was served on the petitioner on 08.02.2010, the appellate authority should not have rejected the appeal computing the period of limitation from the date of the order itself i.e. 06.01.2010 and therefore, it cannot be said that the petitioner is at fault in not filing the appeal within a period of 30 days from the date of passing of the order. Though it is submitted by the learned counsel for the petitioner that in the order, dated 06.01.2010, the primary authority has not recorded any reasons for removing the petitioner from service, this Court is of the view that the matter be remitted to the appellate authority for fresh consideration on merits. For the aforesaid reasons, the order, dated 17.03.2010 passed by the second respondent/appellate authority is set aside and the matter is remitted to the second respondent with a direction to him to consider the appeal filed by the petitioner against the order, dated 06.01.2010 afresh and decide the same on merits, within a period of four (4) weeks from the date of receipt of a copy of this order and the same shall be communicated to the petitioner. Subject to the above directions, the writ petition is disposed of. No order as to costs. ______________________ R.SUBHASH REDDY, J 15th APRIL, 2010. kvni