M.L.Bhat - (1.) THE petitioner's appeal has been dismissed on 9-11-87 as time barred. He prays for quashing of the said order and seeks a direction to the respondents to decide the appeal on merits.
(2.) THE facts of the case are given briefly as under : THE petitioner is said to have been appointed as a Godown keeper in U. P. Cooperative Federation Ltd. at Banda on 18-4-68. On 22-5-76 the petitioner was dismissed from service and he is said to have received the dismissal order on 12-6-76. He is said to have filed an appeal against the said order on 8-7-76 before respondent No. 1. THE appeal is said to have been sent by registered post from the post office situated at Bharatpur Sate. Mathura. THE appeal is said to have been received by respondent No. 1 on 12-7-76. Photostat copy of the Acknowledgement Due is placed on record as Annexure-2. THE petitioner is said to have waited for the disposal of the appeal for 10 years but the appeal was not decided, nor was he informed about the fate of the appeal. He is said to have filed a writ petition in the High Court requesting for issuance of directions to respondent No. 1 to decide the appeal expeditiously. A direction was issued to respondent No. 1 on 24-4-87 in the said writ petition to decide the appeal within three months from the date of service of the certified copy of the order of the High Court. THE appeal was not decided within the time frame, therefore, the petitioner seems to have filed a contempt petition which is still pending. The petitioner is said to have received a letter on 9-11-87 stating therein that his appeal has been rejected on the ground that it was received nine days late. The respondents' contention was that the appeal as received on 20-7-76. The petitioner's submission is that the appeal was not time barred. It was filed within time. Therefore, the order dated 9-11-87 dismissing the appeal as time barred is liable to be set aside. The contention of the respondents is that the appeal was received on 20-7-76 and not on 12-7-76. The appeal is said to have been filed nine days after the expiry of the period. The time for filing the appeal is 30 days under Regulation 87 (e) of U. P. Cooperative Federation Ltd. Employees' Service Regulations. The appeal being barred by time could not be considered on merit.
(3.) FROM the record, it is revealed that the appeal was sent by post on 8-7-76 FROM examination of Photostat copy of the Acknowledgement Due Form, it is revealed that the appeal was received by respondent No 1's office on 12-7-76. It was despatched on 8-7-76. The dispute is regarding the receipt of the appeal in the office of respondent No. 1. According to the petitioner, it was received by the office of respondent No. 1 on 12-7-76, bat according to the respondents it was received on 20-7-76 There is no dispute regarding the date of despatched of the appeal which is 8-7-76. On the date of despatch of the appeal by registered post by the petitioner on 8-7-76, the appeal was within time. If it was received by the office of respondent No. 1 on 12-7-76 as is reflected by the postal record, then the appeal is received within [time. It could not be, in that event, dismissed as time barred.;