SATISH CHANDRA, J. - (1.) THE present writ petition is filed by the petitioners against the impugned order dated 14.12.1999 passed by the Commissioner, Bareilly.
(2.) THE brief facts of the case are that the petitioner was appointed as Meter Reader on 20.04.1970 and confirmed on 20.07.1991. Later, the petitioner was dismissed from the service on 15.10.1974, but in appeal the Commissioner vide his order dated 31.05.1974 quashed the dismissal order and sent back the matter for re -consideration before the Municipal Board, Bareilly. President of the Municipal Board, Bareilly (Ex -officio D.M.) dismissed the petitioner vide order dated 30.05.1978. Being aggrieved, the petitioner has filed the petition before the U.P. Public Service Tribunal who vide its order dated 31.10.1980 observed that the application was not maintainable in view of Section -4 of U.P. Public Service Tribunal Act and directed to file an appeal before the Commissioner. The petitioner has filed an appeal before the Commissioner on 29.11.1980, which was dismissed by the Commissioner on the ground of limitation. The same was assailed before this Court. This Court vide its order dated 14.07.1995 has directed the petitioner to file an appeal before the Commissioner, Bareilly, who was directed to decide the same expeditiously. In pursuance to the order, the Commissioner has dismissed the appeal of the petitioner vide its impugned order dated 14.12.1999. Being aggrieved, the petitioner has filed the present writ petition.
(3.) IN the meantime, the petitioner has expired on 10.07.1995 and his son has substituted as legal representative of the petitioner. With this background, heard Sri Siddhartha Verma, learned counsel for the petitioner, who submits that the Commissioner has decided the appeal of the petitioner as per this Court's direction on merit but at the same time he has dismissed the appeal being time barred. He further submits that the appeal might have been dismissed either on the ground of limitation or on merit. Simultaneously, on both grounds the appeal cannot be dismissed as per the ratio laid down in the case of Athmanathaswami Devsthanam V. K. Gopalaswami,1965 SCC 338 where it was observed that "when the Court had no jurisdiction (being time barred claim) then it cannot decide any question on merits.";