SBCWP6733/2010 // 1 // IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR ORDER IN S.B. Civil Writ Petition No.6733/2010 Rameshwar Tyagi Vs. General Manager (Sanchalan) Rajasthan State Road Transport Corporation and Others Date of Order ::: 12.05.2010 Present Hon'ble Mr. Justice Mohammad Rafiq Shri Shailendra Shrivastava, Counsel for petitioner Shri Umesh Kumar Sharma, Counsel for respondents #### By the Court:- Shri Umesh Kumar Sharma, learned counsel, who happens to be present in the Court, on the asking of the Court, accepts notice on behalf of respondents. Although petitioner has challenged the order of his termination in the disciplinary proceedings but he has also questioned validity of order by which his appeal was dismissed being time barred by one day. Petitioner's services were terminated by order dated 14.11.2007 and his appeal was dismissed by the appellate authority on 17.12.2007. It is surprising that the appellate authority has dismissed the appeal being time barred by one day; the termination order was passed merely a month before the date of passing the appellate order. The appeal was filed on 12.12.2007 and even if there SBCWP6733/2010 // 2 // was some delay in filing of appeal, it could not be dismissed on the ground of delay. In the circumstances, the impugned order dated 17.12.2007 (Annexure-7), dismissing the appeal of the petitioner on limitation, is set- aside. The matter is remanded to the appellate authority with a direction to decide the petitioner's appeal on merits within a period of six months from the date a copy of this order is produced before him. Writ petition stands disposed of. (Mohammad Rafiq) J. //Jaiman//