DDA Vs. ROSHAN LAL MALHOTRA

JUDGEMENT

(1.) These two applications have been filed by the appellant department under Section 5 of the Limitation Act for condonation of delay in filing the appeal and condonation of delay in refiling the appeal.

(2.) The impugned judgment and decree is dated 4.5.1992. The main file of the case was misplaced or was found missing from the department since 5.7.1980. A part of the file was sent to the Legal Department on 5.11.1992 for seeking opinion if any appeal was to be filed. The period of limitation for filing the appeal is 90 days from the date of the judgment and decree. The file was sent for legal opinion in about six months of the pronouncement of the judgment. Therefore, when the file was referred to legal department for opinion, the period of limitation for filing the appeal had already expired. It reached Deputy Legal Chief Advisor on 12.11.1992. Thereafter file was sent to Vigilance Department on 18.11.1992 as it was required in the inquiry, which was being conducted to fix responsibility of the person who had lost the file. File remained with the Vigilance Department till 28.07.1993. Vigilance Department retained the file for about more than eight months. The Chief Legal Advisor took final decision to file an appeal on 03.08.1993. Thereafter, the matter was entrusted to panel lawyer, for filing the appeal, on 13.08.1993. It could have been ensured by the department that the file was returned back by the Vigilance Department so as to ensure that the decision for filing of the appeal was taken at the earliest, but it seems that Joint Director, Vigilance Department retained the file for quite sometime with him for unknown reasons.

(3.) Intriguingly, though the case was entrusted to the panel lawyer on 13.08.1993, file was never sent by the department to the concerned lawyer. With the result no appeal could be filed. It was only on 28.09.1995 i.e. after about more than two years that the file was sent to another panel lawyer. This lawyer also did not file the appeal. The file was collected back by the Dealing Assistant on 22.7.1998 for filing reply to a complaint made by the Respondent to the Prime Minister. The concerned lawyer had retained the file with him for more than one month during which period he could have drafted and filed the appeal, but failed to do so.