THE DIVISIONAL CONTROLLER, NEKRTC Vs. BASAPPA

JUDGEMENT

(1.) This application is filed by appellant to condone the delay of 431 days in filing the appeal calling in question the order dated 02.04.2013 in W.P. No. 84924/2011 by the learned Single Judge.

(2.) In the affidavit accompanying the application, Assistant Law Officer - deponent states: -after disposal of writ petition, Panel Advocate submitted the certified copy of order along with the entire file which was placed before Divisional Controller, who in turn forwarded it to "CLO" for legal opinion, who perused the entire papers and advised Divisional Controller and after discussion and acknowledgment of advise "CLO", returned the file back to "CLO" to entrust the matter to panel Advocate. Accordingly, "CLO" has forwarded all the papers to panel Advocate to prefer writ appeal. Hence, the appeal.

(3.) The averments in the affidavit do not instill confidence in the mind of the Court. Appellant is an employer of several thousands of person and is a regular litigant before Court and cannot be heard to say that "CLO" caused the delay in filing the appeal. Material dates and particulars are wanting. Sufficient cause is not shown to the satisfaction of the Court.