1985 ALL. L. J. 638 ::(1985) RevDec 276 ::(1985) All WC 347 ::1985 All CJ 315

Allahabad High Court

Hon'ble Judge(s): A. Banerji, V. N. Khare , JJ

U.P. Consolidation of Holdings Act (5 of 1954) , S.48— Revision under - Appeal dismissed on ground of limitation - Revisional authority cannot allow revision petition on merits without indicating whether appeal was dismissed illegally. (Revision - Duty of revisional authority). The revisional authority under S. 48 cannot allow revision petition without indicating whether the appeal filed by the applicant in revision having been dismissed on the ground of limitation was illegally, incorrectly and improperly decided or the appellant had sufficient cause for condonation of delay in preferring the appeal. It is well settled that even where the Tribunal acts quasi-judicially it has to give reasons for disagreeing with the order of the subordinate Tribunals, or authorities. Unless the order passed by the subordinate authorities or Tribunals are specifically set aside the revisional authority would not be entitled to give a different conclusion on the merits. The proper course for the Revisional Authority would be to interfere with the order of the Appellate Authority, set aside the order of the dismissal of the appeal (as time barred) and in directing the Appellate Authority to decide the appeal on the merits, instead of doing so himself. The Appellate Authority, after hearing the parties, can pass appropriate orders in accordance with law. In case the order passe....