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S. B. Civil Writ Petition No. 13146/09. Case: Mustakim Mohammed Vs Rajasthan Civil Services Appellate Tribunal and Others. Rajasthan High Court

Judgment Cited in Precedent Map Related
Vincent
Case NumberS. B. Civil Writ Petition No. 13146/09
CounselP. S. Sharma
JudgesAjay Rastogi, J.
IssueCivil Procedure Code
Judgement DateOctober 28, 2009
CourtRajasthan High Court

Judgment:

Ajay Rastogi, J.

Petitioner, who is working as Teacher Gr.III, was transferred under the order of District Education Officer, Elementary Education vide order dt.30th September, 2004, which was challenged by filing appeal before Tribunal and appears that because of interim stay, he was allowed to continue and the order impugned dt.3rd December, 2004 was never given effect to. However, appeal was dismissed on account of non-prosecution on 5th February, 2007. Application was filed on behalf of petitioner for restoration of appeal after 21/2 years on 10th September, 2009. Learned Tribunal, however, observed that U/r.25 of the Rules, 1976, period of limitation is 30 days, no satisfactory explanation came from the petitioner which may justify the inordinate delay in filing of application for restoration. Taking note thereof, application for restoration was rejected vide order dt.17th September, 2009.

Counsel for petitioner submits that appeal which was dismissed in non-prosecution on 5th February, 2007 his lawyer never informed the petitioner and even after his appeal being dismissed on account of non-prosecution, he was allowed to continue and immediately when this fact came to his notice, he approached Tribunal by filing application for recalling and restoration of appeal on...

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