- (1.) THE delay of 224 days in filing the instant appeal is condoned.
(2.) HEARD the counsel for the parties on merit of the case. The petitioner -appellant was charge sheeted who was working as a Sargent Major and as per the allegation against the petitioner, he did not comply with the orders passed by the higher officials for submitting the daily parade statement. The petitioner was punished with one "Black Mark' and his appeal against the order of punishment was dismissed on 17.8.2005. The petitioner preferred the writ petition before this Court after delay of three years in the year 2008 on 10.6.2008. However, the writ petitioner was not dismissed by the learned Single Judge on the ground of such delay, but on merit.
(3.) THE learned counsel for the appellant submitted that there was no fair inquiry and the appellant was not given any opportunity of hearing or instruction by the higher officials for submitting daily parade statement and without examining this state of matter, the appellant was held guilty. It is also submitted that the petitioner has been punished with one "Black Mark  entered in his service record which may deny the promotion to the petitioner appellant in time.;