V KAMESHWARI Vs. UNION OF INDIA

JUDGEMENT

(1.) As per the office report, there is delay of 709 days in the filing of the special leave petition against the judgment and order dated September 19, 1988, passed by the central Administrative tribunal, Hyderabad bench, hereinafter referred to as the tribunal, in Review Petition No. 39 of 1987. An application (I. A. No. 1 of 1989 has been filed by the petitioner seeking condonation of delay, which is supported by an affidavit filed by the petitioner. On 23/04/1990, the matter was adjourned and the petitioner was directed to file an affidavit from the learned counsel who had appeared for her in the tribunal on the question whether tribunal's order was communicated to him and if so, when and if not communicated whether he had applied for grant of certified copy and if so, when and further, when the copy was delivered to him. The petitioner filed her own affidavit dated 30/08/1990 staling that her counsel had, despite her request, declined to file the affidavit but had given certain information with regard to the points, mentioned in the order dated 23/04/1990. After considering the material on record and hearing the petitioner, the delay was condoned ex parte on 5/11/1990 and notice was issued in the special leave petition. Respondent 3 filed a counter and raised objection to the condonation of delay ex parte. On 23/09/1991, the following order came to be made by a bench of this court:

(2.) Respondent 3 opposed the condonation of delay and relied upon the objections filed in that behalf. After hearing learned counsel for the parties at length and considering the entire material on record and the circumstances of the case, we are satisfied that the delay in the filing of the special leave petition was not wanton. We are satisfied with the explanation furnished by the petitioner as regards the cause of the delay, as projected in the affidavit and elaborated at the time of hearing. We, accordingly, allow I. A. No. 1 of 1989 and condone the delay in the filing of the special leave petition.

(3.) Having heard learned counsel for the parties, we hereby grant special leave to appeal against the order dated 19/09/1988, passed by the tribunal, in Review Petition No. 39 of 1987 and proceed to dispose of the appeal.