- (1.) This is an intra court appeal filed by the writ petitioner of Writ Petition No.11558 of 2009 under Rule 134 of the Rajasthan High Court Rules against an order dt. 16.12.2009 passed by Single Judge in aforementioned writ petition.
(2.) By the impugned order, the learned Single Judge dismissed the appellant's writ petition. So the question that arises for consideration in this intra court appeal is whether Single Judge was justified in dismissing the writ petition of appellant on the ground delay on the part of the petitioner
(3.) The facts can be seen from the impugned order itself which reads as under:- Heard learned counsel for the petitioner. The petitioner was punished in departmental enquiry by the order dated 22.04.1999 with punishment of stoppage of one grade increment with cumulative effect. The petitioner has submitted review petition before his Excellency the Governor of Rajasthan on 10.08.2009 and that was dismissed on the ground of delay of ten years. Learned counsel for the petitioner vehemently submitted that after order dated 22.04.1999 (Annexure 5), the matter was re-examined again and again and findings were recorded that the officer was not guilty. Learned counsel for the petitioner drew my attention to various documents placed on record with this petition. From those documents, it appears that the allegations which were examined in subsequent enquiries were in relation to some misconduct of the subsequent years and not of the years which were under consideration in enquiry concluded by order dated 22.04.1999. Not only this, the petitioner himself was knowing it well that his enquiry was not set aside by any competent authority by passing any order and therefore, he preferred appeal to challenge order dated 22.04.1999 however with delay of ten years. In view of the above reasons, the petitioner's review petition was rejected on the ground of delay of ten years. On facts as well as in law there appears to be no illegality in the order passed for rejecting the petitioner's review petition and petitioner cannot challenge the order dated 22.04.1999 after such a delay. Therefore, there is no merit in the writ petition, hence, this writ petition is dismissed. ;