GOVT OF NCT OF DELHI Vs. SM BHASKER

JUDGEMENT

(1.) BY this application the appellants seek condonation of delay of as many as 745 days i.e. over two years, in filing of the appeal against the impugned judgment of the trial court dated 09.03.2010.

(2.) BY the impugned judgment trial court decreed the suit of the respondent/plaintiff which was filed for damages of Rs.4,50,000/- for an amount of Rs.1,50,000/- alongwith interest @9% p.a. pendente lite and future interest. The trial Court in the impugned judgment records that the respondent/plaintiff was unfortunately repeatedly subjected to departmental enquiries, however as many as three departmental enquiries against the respondent/plaintiff discharged him from any alleged misconduct of inaction during the riots. When a fourth enquiry was to be instituted, the respondent/plaintiff challenged the enquiry proceedings before the Central Administrative Tribunal (CAT) which quashed the initiation of enquiry. Challenge to the order of CAT was dismissed by this Court. Further challenge in the Supreme Court by the appellants to the order of this Court was dismissed by Supreme Court by making following observations against the appellants: T

(3.) IT has been held by Hon'ble Supreme Court in a catena of judgments under Section 5 of the Limitation Act that though certain leverage is allowed to government, however, there cannot be gross delays or negligence.