2025:UHC:4353-DB HIGH COURT OF UTTARAKHAND AT NAINITAL HON’BLE THE CHIEF JUSTICE MR. G. NARENDAR AND HON’BLE SRI JUSTICE ALOK MAHRA 23rd MAY, 2025 WRIT PETITION (S/B) NO. 163 OF 2025 Constable 23 N.P. Ganesh Prasad …...Petitioner Versus State of Uttarakhand & others …..Respondents Counsel for the Petitioner : Mr. Naman Kamboj and Mr. Ankush Kumar Tyagi, learned counsel. Counsel for the State : Mr. B.S. Parihar, learned Additional Chief Standing Counsel. JUDGMENT :(per Mr. G. Narendar, C.J.) Heard learned counsel for the petitioner and learned Standing Counsel for the State. 2. We have perused the order impugned. At the very outset, we express our unhappiness with the approach of the Tribunal. The law of limitation, in one breath, is said to be strictly as applicable as if in the case of a Suit and in the same breath, it says that the law of limitation is not strictly applicable. Having observed so, the Tribunal being the last fact finding authority in the hierarchy, keeping in view the facts recorded in Paragraph Nos.2.2 to 2.6, the time spent before this Court, the Tribunal could have very- well exercised its resources to deal with the matter on merits. More so, when the order under challenge was one of removal from service and which meant the very 1 2025:UHC:4353-DB livelihood of the petitioner have been taken away. In that background, the plea that he did not possess requisite financial resources to further litigate cannot be discarded or brushed aside. 3. In that view, the marginal delay of 195 days is condoned, the impugned order is set-aside and the matter is remitted back to the Tribunal for consideration and disposal on merits. 4. The writ petition stands ordered accordingly. 5. There shall be no order as to costs. 6. Pending application, if any, also stands disposed of. ________________ G. NARENDAR, C.J. _____________ ALOK MAHRA, J. Dt: 23rd May, 2025 NISHANT 2 NISHANT KUMAR Digitally signed by NISHANT KUMAR DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=ad3fcb5ca64340f5dd0a4c574afa0fd63 133605ca57cdc00ec2b7462b452b326, postalCode=263001, st=UTTARAKHAND, serialNumber=7E81318F3B1BE7EAAC9370185F 7C9C20892BC63A055CFD1961690560487E670 C, cn=NISHANT KUMAR Date: 2025.05.29 11:31:20 +05'30'