28 wp 4194 2022 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 4194 OF 2022 Mohd. Ehteshamuddin Mohd. Iftaquaruddin ... Petitioner Versus The State Of Maharashtra and Others ... Respondents ... • Mr. K. F. Shingare, Advocate for the Petitioner • Mr. N. D. Raje, AGP for Respondent Nos. 1 and 2 • Mr. Pradip Lohiya, Advocate for Respondent No. 3 ... CORAM : ROHIT W. JOSHI, J. DATE : 16th JUNE, 2025 O R D E R : 1. The petitioner in the present matter had filed an appeal under Rule 13 of the Maharashtra Zilla Parishad, District Service (Discipline and Appeal) Rules, 1964 challenging order dated 01.09.2018 imposing minor punishment of stopping one increment. 2. Rule 16 of the said rules provides for limitation of three months for filing appeal. The period of three months commences from date on which copy of order is served on the appellant. The appellant has made a statement in the application that the copy of order was not served on him. He states that he had received copy of the order from one Vitthal Tukarm Badar on 15.06.2021 and had thereafter filed the appeal on 23.06.2021. komal kamble 1/2 2025:BHC-AUG:15220 28 wp 4194 2022 3. Although, the said statement is made in the application, it appears that the petitioner had earlier made a representation dated 14.06.2021 against the order dated 01.09.2018 imposing minor punishment. 4. It is undisputed that appeal preferred by a similarly circumstanced employee is allowed by the learned Appellate Authority. In that view of the matter, since there is no clarity on record as regards the date on which the order was served on the petitioner, it will be appropriate to condone the delay. The fact that appeal of similarly circumstanced employee is allowed, is also consideration that has weighed with this Court in allowing the application for condonation of delay. 5. The petition is allowed by quashing the order dated 28.12.2021 passed by the learned Additional Divisional Commissioner, Aurangabad in file no. DB/Appeal/Cell/39/2021. The application for condonation of delay is allowed. 6. Parties are directed to appear before the learned Appellate Authority on 01.07.2025 for which separate notice will not be issued. The appeal may be decided on its own merits on or before 31.12.2025. [ROHIT W. JOSHI, J.] komal kamble 2/2