HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No.2949/2025 Rajendra Singh S/o Shri Chattar Singh, Aged About 55 Years, R/o Opposite Royal Marriage Garden, Nawalgarh Road, Sikar (Raj.) ----Petitioner Versus 1. The State Of Rajasthan, Through Secretary, Department Of Education, Government Of Rajasthan, Secretariat, Jaipur 2. Director, Elementary Education, Rajasthan, Bikaner. 3. District Education Officer (Headquarter), Secondary Education, Sikar (Raj.) ----Respondents For Petitioner(s) : Mr. Sanjay Khedar JUSTICE ANOOP KUMAR DHAND Order 28/02/2025 1. Aggrieved by the order dated 23.01.2025, the petitioner has approached this Court by way of filing this writ petition. 2. By passing the impugned order, the Appellate Authority has rejected the appeal preferred by the petitioner against the punishment order dated 28.11.2022 as time barred. 3. Learned counsel for the petitioner submits that reasons for delay in filing the appeal were explained extensively in the memo of appeal but the same were overlooked and the order impugned has been passed. Learned counsel submits that the Appellate Authority could have decided the appeal on its merits but instead of doing so, the appeal has been dismissed on technical count. Learned counsel submits that infact appeal was submitted within the prescribed time but the same was not treated as an appeal. (2 of 2) [CW-2949/2025] Learned counsel further submits that a reminder was submitted by the petitioner for disposal of the aforesaid appeal but that reminder was treated as an appeal and was dismissed being time barred. Hence, interference of this Court is warranted. 4. Heard and considered the submissions made at Bar and perused the material available on record. 5. Considering the arguments put forward by learned counsel for the petitioner and looking to the fact that against the impugned order dated 28.11.2022, an appeal was preferred by the petitioner on 01.03.2023. It appears that when no order was passed by the Appellate Authority, a reminder was sent by the petitioner for disposal of the same but the Appellate Authority has treated the reminder as time barred appeal and rejected the same being barred by limitation. The Appellate Authority has committed an error in passing the order impugned, hence, the same is not liable to be sustained and is liable to be quashed and set aside. 6. Accordingly, the writ petition stands disposed of. The impugned order dated 23.01.2025 is quashed and set aside. The matter is remitted to the Appellate Authority to decide the appeal afresh on merits expeditiously as early as possible, preferably within a period of three months from the date of receipt of certified copy of this order, after affording due opportunity of hearing to the respective parties. 7. Stay application as well as all applications (pending, if any) stand disposed of. (ANOOP KUMAR DHAND),J Karan/25