IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP No.2193 of 2009 Date of Decision: 16.12.2011 Dharminder Singh .....Petitioner. Vs. Seth Jai Parkash Mukand lal Institute of Engineering & Technology, Radur and another. .....Respondents. Present: Mr. O.P.Gupta, Advocate for the petitioner. Mr. Vineet Sharma, Advocate for Mr. Sanjeev Bansal, Advocate for respondent No.1 ****** TEJINDER SINGH DHINDSA J. (ORAL) Admittedly, the petitioner was in service with Seth Jai Parkash Mukand Lal Institute of Engineering & Technology (JMIT) Radur District Yamuna Nagar. Such institute is accredited by All India Council of Technical Education and affiliated to Kurukshetra University, Kurukshetra. He was imposed a major penalty of dismissal vide order dated 11.1.2008. The State of Haryana had issued a notification dated 8.9.2005 which was in deference of the order of the Hon'ble Supreme Court in TMA Pai Foundation and others Vs. State of Karnataka 2002 (8) SCC 481 so as to provide a mechanism for redressal of the grievance of employees of aided/unaided technical institutions. The petitioner in terms of the notification dated 8.9.2005 filed an appeal in the Court of the Additional District Judge, Yamuna Nagar on 22.2.2008. Vide impugned order dated 9.12.2008, the Additional District Judge, Yamuna Nagar has dismissed the appeal to be time barred. CWP No.2193 of 2009 -2- Learned counsel for the parties are ad-idem that no specific period of limitation has been prescribed for an employee to prefer an appeal in terms of the notification dated 8.9.2005. Respective counsel consent that the matter required to be adjudicated upon merits by the appellate authority. Without making any observations as regards the merits of the order of dismissal dated 11.1.2008, the impugned order dated 9.12.2008 (Annexure P-10) is set aside. Matter is remanded back to the appellate authority to adjudicate upon the legality and veracity of order dated 11.8.2011 on merits. In the peculiar circumstances of the case, it is further directed that a decision of merits be taken as expeditiously as possible. Accordingly, the writ petition stands disposed off. (TEJINDER SINGH DHINDSA) December 16, 2011 JUDGE AK. Sharma.