Meghraj Kisan Upare v. The Additional Commissioner, Nagpur Division, Nagpur And Others

2024:BHC-NAG:12250 1 wp 2775.24.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR Writ Petition No.2775/2024 (Meghraj V Additional Commissioner, Nagpur and others) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Mr. B. Dhandale, Advocate for petitioner.

Mr. S.V. Sohoni, Advocate for resp. no.2.

Ms Sapkal, AGP for resp. no.1.

CORAM : N.R. Borkar, J.

DATE : 01-10-2024.

This petition takes exception to the order dated 30-12-2023 passed by the respondent No.1-Additional Commissioner, Nagpur Division, Nagpur.

ii.

By the order impugned the respondent No.1 has rejected the application filed by the petitioner for condonation of delay in filing appeal against the order of respondent No.2-Zilla Parishad, Chandrapur.

iii.

I have heard the learned Counsel for the petitioner and the learned Counsel for the contesting respondent and perused the impugned order.

iv.

The learned Counsel for the petitioner submits that the appeal was filed against the order of imposition of minor penalty of stoppage of one increment. It is submitted that

2 wp 2775.24.odt respondent No.1, therefore ought to have granted opportunity to the petitioner to argue the appeal on merit.

v.

On the other hand, the learned Counsel for the contesting respondent has supported the order impugned. vi.

Considering the facts and circumstances, it would be in the interest of justice to grant opportunity to the petitioner to argue the appeal on merit. The order impugned is therefore, set aside.

vii.

The respondent no.1 shall endeavour to decide the appeal filed by the petitioner on it's own merits within a period of six months from the date of receipt of copy of this order. (N.R. Borkar, J. ) Deshmukh