TMI Blog2023 (5) TMI 559X X X X Extracts X X X X X X X X Extracts X X X X ..... imum period, as prescribed under the statute i.e. four months - HELD THAT:- Bare reading of the provisions of Section 107 of the Act, 2017 reflects that it is not 120 days, but it is four months and, therefore, it would depend upon the date on which date the adjudicating authority passes the order. The four months may be of 121 days or 122 days, as the case may be. In the present case, in four mo ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ngh, J. For the Petitioner : Alok Singh For the Respondent : C.S.C. ORDER HON'BLE DINESH KUMAR SINGH, J. 1. Heard Mr. Suyash Agarwal along with Mr. Alok Singh, Advocates for the petitioner, as well as Mr. Sanjay Shareen, learned Additional Chief Standing Counsel, for respondents-State Authorities. 2. This petition under Article 226 of the Constitution of India has ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Act by the adjudicating authority, may be filed before appellate authority within the prescribed period of three months from the date on which the said order is communicated to the person concerned. Sub-Section (4) of Section 107 of the Act, 2017 provides that the appellate authority may, if it is satisfied that the appeal was prevented by sufficient cause from presenting it within the period of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... om presenting the appeal within a period of three months, the appeal has been summarily dismissed only on the ground that it was beyond 120 days, and not within 120 days. 6. Mr. Sanjay Shareen, learned Additional Chief Standing Counsel, does not dispute either legal position or the factual position. 7. In view thereof, the appeal is restored to its original number, and the appellate Authorit ..... X X X X Extracts X X X X X X X X Extracts X X X X
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