Neutral Citation No. - 2025:AHC:48603 Court No. - 5 Case :- WRIT - A No. - 3834 of 2025 Petitioner :- Raju Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Pradeep Kumar,Rakesh Kumar Singh Counsel for Respondent :- C.S.C. Hon'ble Ajay Bhanot,J. Heard Shri Rakesh Kumar Singh, learned counsel for the petitioner and learned Standing Counsel for the State. The appeal of the petitioner against the order of termination has been declined on the footing that it was barred by limitation. The memo of appeal was accompanied by a delay condonation application. The delay condonation application discloses that the applicant had been advised to approach the District Magistrate. It is evident that the applicant had invoked the wrong remedy on misconceived but bona fide legal advice. The impugned order while dismissing the appeal had not adverted to the delay condonation application. Considering the facts of the case, the cause for the delay in filing the appeal as depicted in the delay condonation application is sufficient. The delay condonation application is liable to be allowed and is allowed. The impugned order dated 09.09.2024 is liable to be set aside and is set aside. The matter is remitted to the respondent no. 6- Chairman of Nagar Panchayat, Jalalabad, Bijnor with the following directions: 1. The respondent no. 6 shall decide the appeal on merits without going into the issue of delay preferably within a period of six months. The writ petition is allowed to the extent indicated above. It is clarified that the Court has not gone into the merits of the case. Order Date :- 5.4.2025 Vandit Digitally signed by :- VANDIT AGRAWAL High Court of Judicature at Allahabad