1 (WPS No. 2317 of 2017) 2025:CGHC:8196 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 2317 of 2017 1 - Mohammad Jakariya S/o Mohammad Salahuddin, Aged About 33 Years R/o Village And Post Machoti, District Gazipur, Uttar Pradesh --- Petitioner(s) versus 1 - State Of Chhattisgarh Through Secretary, Department Of Home Secretariat, Mantralaya, Mahanadi Bhawan, New Raipur, Police Station And Post Rakhi, District Raipur, Chhattisgarh 2 - Inspector General Of Police, Surguja Range, Surguja, Chhattisgarh 3 - Dy. Inspector General Of Police, Chhattisgarh Armed Force (II) Police Headquarters, (PHQ), Near Mahanadi Bhawan, New Raipur, Police Station And Post Rakhi, Distt. Raipur, Chhattisgarh 4 - Commandant, 12th Battalion(Bha/Ra) Chhattisgarh Armed Force (CAF), Ramanujganj, Surguja, Chhattisgarh --- Respondent(s) (Cause-title taken from the Case Information System) For Petitioner :- Mr. Manoj Kumar Dubey, Advocate For State :- Mr. Amit Buxy, Panel Lawyer SB - Hon'ble Shri Justice Sanjay K. Agrawal Order On Board 17.02.2025 1. This writ petition is directed against order of dismissal dated 30.06.2011 (Annexure P/1), as well as order dated ADITI DIWAN KAIWART Digitally signed by ADITI DIWAN KAIWART Date: 2025.02.24 11:00:06 +0530 2 (WPS No. 2317 of 2017) 04.07.2017 (Annexure R/1), whereby the petitioner’s appeal has been dismissed on the ground of limitation. 2. Learned counsel for the petitioner submits that the petitioner has been dismissed arbitrarily without following the provisions of law and his appeal has also been dismissed as barred by limitation, whereas the appeal was filed within the period of limitation and the same has been supported by affidavit whereas, there is no mention in the return that the appeal was not filed within the period of limitation and there is no counter affidavit contradicting the fact that the appeal was not preferred within time. 3. On the other hand, learned State Counsel would support the impugned orders. 4. I have heard learned counsel for the parties, considered their rival submissions made herein above and gone through the materials available on record with utmost circumspection. 5. Admittedly, the petitioner was dismissed from service on 30.06.2011 (Annexure P/1), against which he preferred an appeal on 24.09.2011 (Annexure P/3). As such, the appellate authority ought to have considered the appeal of the petitioner herein in proper prospective, based on merits and even if, the appeal was barred by limitation, an 3 (WPS No. 2317 of 2017) opportunity ought to have been granted to the petitioner to file an application for condonation of delay, in the interest of justice. However, without affording any opportunity to file application for condonation of delay, the appeal of the petitioner herein has been dismissed as barred by limitation, whereas the appeal appears to be within limitation period as it was filed on 24.09.2011, which is within 90 days from the date of order of dismissal i.e. 30.06.2011. 6. In that view of the matter, order dated 04.07.2017 (Annexure R/1) passed by the appellate authority is hereby set aside. Considering the fact that the appeal has been filed within the limitation period, the appeal of the petitioner herein is restored to its original number for its hearing and disposal by the Inspector General Of Police, Chhattisgarh Armed Force (II) Police Headquarters, New Raipur, within 45 days from the date of receipt of copy of this order, on its own merit and strictly in accordance with law. 7. With the aforesaid observations and directions, this writ petition stands finally disposed of. No order as to cost(s). Sd/- (Sanjay K. Agrawal) Judge @d!t!