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Judgment
Vivek Rusia, J
Heard learned counsel for the parties through video conferencing.
Petitioner has filed the present petition being aggrieved by the order dated 02.11.2020 whereby the appellate authority has dismissed the appeal on the
ground of delay.
Petitioner was appointed as Gram Rozgar Sahayak in the Gram Panchayat, Dupdawada. A proceeding under section 92 of the M.P Panchayat Raj
Evam Gram Swaraj Adhiniyam was initiated against the petitioner, Sarpanch and Secretary. Vide order dated 25.01.2020 the CEO and the prescribed
authority, Janpad Panchayat, Ujjain has passed an order of recovery of Rs.2,26,186/- against the petitioner and others. Being aggrieved by the
aforesaid order, petitioner preferred an appeal before the Commissioner on 28.09.2020 along with an application under section 5 of the Limitation Act.
In the application the applicant has pleaded that he has no knowledge about the impugned order. He joined the duties and then only he was informed
about this order.
However, the appellate authority did not believe the aforesaid contention and dismissed the application for condonation of delay which resulted in to
the dismissal of the appeal itself, hence the present petition before this Court.
It is true that the impugned order was passed on 25.01.2020 and during Corona epidemic period the limitation for filing the appeal has expired. The
Apex Court by way of general order has extended the period of limitation in case of initiation of legal proceedings before the competent authority,
therefore, the petitioner is entitled for the aforesaid benefit of the order of the Apex Court.
In view of the order passed by the Apex Court in W.P.No.01/2020 the delay in filing the appeal is liable to be condoned. Accordingly, the petition is
allowed and the impugned order is hereby set aside. The matter is remitted back to the appellate authority to decide the appeal on its own merit.