Prakash Padia,J. - (1.) Order on Delay Condonation Application No. 2 of 2021 1. Matter is taken up through video conferencing. 2. Heard Sri Rajesh Kumar Srivastav, learned counsel for the appellant, learned Standing Counsel for the respondent no.1 and Sri Sunil Kumar Mishra, learned counsel for the respondents no.2 and 3. 3. The appeal is reported to be beyond time by 537 days. 4. Learned counsel for the respondents have no objection in condoning the delay. 5. The grounds taken for condonation of delay are good and sufficient. 6. Delay condoned. 7. Application is allowed. Order on Appeal 1. The writ petitioner-appellant was working on the post of Driver in Civil Lines Bus Depot, District Allahabad. He was placed under suspension by the Assistant Regional Manager, Civil Lines, Bus Depot, Allahabad vide order dated 10.10.2012, thereafter, matter was inquired by an Enquiry Officer duly appointed by the department. It was found by the Enquiry Officer that the charges levelled against the petitioner-appellant are correct and as such a show cause notice was issued to him on 24.4.2013. Reply to the aforesaid notice was submitted by him on 13.5.2013. Taking into consideration the aforesaid an order dated 22.5.2013 was passed by the respondent no.3/Regional Manager, U.P. State Road Transport Corporation, Allahabad by which balance salary of the suspension period and two increments were with-held effective from future. Apart from the same directions were given to recover the amount of 28 litre diesel from the salary of the petitioner-appellant.
(2.) Aggrieved against the aforesaid a statutory appeal was preferred by the writ petitioner-appellant as provided under Section 69 of the U.P State Road Transport Corporation Employees (Other than Officers) Service Regulation, 1981 before the respondent no.2 namely Chief Manager (Sa), U.P.S.R.T.C, Head Office, Lucknow. It is provided under Section 69 of the Regulations of 1981 that the appeal could be preferred within a period of three months but since appeal was preferred after the expiry of three months the same was rejected by the appellate authority on the ground that the appeal submitted by the petitioner appellant was time barred. The aforesaid order was passed by the appellate authority on 03.10.2016 rejecting the appeal filed by the petitioner-appellant being barred by time.
(3.) Aggrieved against the aforesaid order the petitioner-appellant preferred a writ petition before this Court being Writ A No.12268 of 2019. The aforesaid writ petition was dismissed by the learned Single Judge vide judgement and order dated 06.08.2019 solely on the ground of unexplained laches on the part of the petitioner-appellant. Aggrieved against the aforesaid petitioner-appellant has preferred the present special appeal.;