JUDGMENT :

Sujit Narayan Prasad, J.

1. This intra-court appeal is directed against the order dated 03.01.2023 passed by learned Single Judge in W.P. (S) No.291 of 2015, whereby and whereunder the order inflicting punishment of stoppage of two annual increments with cumulative effect has been quashed and set aside.

2. Mrs. Vandana Singh, learned Sr. S.C.-III representing the State-appellants, has submitted that although the appeal is barred by limitation, since, it has been filed after delay of 190 days instead of filing it within 30 days as per the limitation prescribed to file Letters Patent Appeal. She has submitted that one Interlocutory Application has been filed explaining reasons said to be sufficient for condoning the delay. In addition to the said submission, it has also been argued by placing the case on merits, by making reference of the enquiry report in which the charge levelled against the appellant has not been found to be proved, but the Disciplinary Authority as per the law laid down by Hon’ble Apex Court in the case of Punjab National Bank Vs. Kunj Behari Misra, (1998) 7 SCC 84, has also assigned the difference of opinion for the purpose of providing an opportunity