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TMI Blog2017 (2) TMI 89X X X X Extracts X X X X X X X X Extracts X X X X ..... nished by the petitioner - Held that: - when the statute provides for filing an appeal against the order in original, the same cannot be challenged by filing a writ petition, by way of short circuiting the procedures. Needless to say that the appellate authority being a fact finding authority as well, will have to consider all aspects and decide the appeal. Therefore, the petitioner should go only ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... j, learned counsel appearing for the petitioner and the learned Central Government Standing Counsel appearing for the respondents and perused the materials placed before this Court. 3. What is under challenge in this writ petition is an order in original dated 30.03.2013, passed by the third respondent. It is not in dispute that as against the said order, a statutory appeal lies before the appe ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... uthority as well, will have to consider all aspects and decide the appeal. Therefore, the petitioner should go only before the appellate authority and raise all the contentions, including the reference to the events which had taken place subsequent to the passing of the impugned order. No doubt, this impugned order came to be passed on 30.03.2013 and the present writ petition is filed only in the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... iled within the time stipulated supra, the appellate authority shall consider the appeal on merits and pass orders in accordance with law, without reference to the delay in filing such appeal. Needless to say that dismissal of this writ petition only on the ground of maintainability cannot stand in the way of the respondent in considering the matter on its own merits and in accordance with law. No ..... X X X X Extracts X X X X X X X X Extracts X X X X
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