1. Special leave granted.
In the instant case, against the order imposing punishment, the appellant had filed a departmental appeal. The departmental appeal was dismissed on the ground of delay, the delay being of a few days. The appeal filed against the same was dismissed by the Tribunal and the Tribunal in its order has observed that while exercising judicial review it should not act as an Appellate Court and reappreciate the evidence. Further challenge to the Tribunal's order was unsuccessful. Hence, this appeal.
2. While the Tribunal may be correct in observing that it is not its function to reappreciate the evidence, we find that in the instant case the authority which could reappreciate the evidence declined to do so because the departmental appeal was dismissed on the ground of delay. This right of the appellant was taken away, and in our opinion wrongly.
3. The departmental appeal filed by the appellant should have been entertained and decided on merits. We, accordingly, allow this appeal, set aside the orders of the High Court as well as of the Tribunal and the order of the Director, Postal Services, Jaipur region, dated April 7, 1995 whereby the departmental appeal was dismissed and direct that the departmental appeal of the appellant be decided afresh by the Competent authority preferably within eight weeks from today.