DIMBESWAR PAWE Vs. STATE OF ARUNACHAL PRADESH

JUDGEMENT

(1.) HEARD Mr. B. L. Singh, learned counsel for the petitioner. Also heard Mr. R. H. Nabam, learned Senior Government Advocate, for the State respondents and Ms. N. Danggen, learned counsel for respondent No. 4.

(2.) A disciplinary proceeding was initiated against the petitioner who was working as UDC-cum-Cashier in the O/o Chief Medical Officer, General Hospital, Naharlagun, under the Directorate of Health Services, Government of Arunachal Pradesh, Naharlagun. After completion of enquiry, the Enquiry Officer submitted a report on 23. 03. 2006. On the basis of the said report, the Disciplinary Authority dismissed the petitioner from service vide order dated 06. 06. 2007. The petitioner preferred a Departmental Appeal before the Secretary, Government of Arunachal Pradesh, Health and Family Welfare, Itanagar, on 01. 10. 2007, alongwith an application for condonation of delay of 68 days in filing the said appeal. The petitioner explained the aforesaid delay by furnishing a Medical Certificate dated 15. 09. 2007 obtained from the Deputy Superintendent, Nowboicha 30 Bedded Rural Hospital, North Lakhimpur, Assam, wherein it was certified that the petitioner was under treatment for an ailment viz. Cysticircosis of the brain w. e. f. 10. 12. 2006 to 15. 09. 2007 (Annexure-3 to the writ-petition ).

(3.) MR . Singh, learned counsel for the petitioner, submits that the Appellate Authority is to consider the condonation of delay on the basis of materials furnished by the petitioner and not by making any enquiry by himself as has been done by him and as such, the refusal to condone the delay is unwarranted, arbitrary and unreasonable and as such, the impugned order dated 24. 07. 2008, is liable to be set aside and quashed.