UNION OF INDIA Vs. RUMAL SINGH

JUDGEMENT

(1.) IMPUGNED order of 22nd October, 2011 refuses to condone the delay of 103 days' in filing of the accompanying appeal by observing that there is no reasonable or sufficient ground to condone the delay, while relying upon ratio of Apex Court's decision in Lanka Venkateswarlu (Dead) by LRs. v. State of Andhra Pradesh and Ors., : (2011) 4 SCC 363.

(2.) THE factual background of this case already stands noted in the judgment of the trial court, who had decreed respondent's suit. The charge against respondent, who was working as Sub -Inspector with the Central Reserve Police Force in 20th Battalion at Srinagar, was that he had fired a fatal shot at Constable -Mohinder Singh. The stand of respondent before the criminal court as well as in the departmental proceedings was that he had mistaken Mohinder Singh as a Pak Guerilla. A criminal trial was held against respondent which had ended in his acquittal and trial court vide its detailed judgment of 26th May, 2010 had held that the order of 3rd December, 1975 denying opportunity of hearing to respondent is null and void. Appellants were directed to inflict lesser punishment upon respondent. Appellants -herein had filed first appeal against trial court's judgment and appellants' appeal has been dismissed as time barred.

(3.) LEARNED standing counsel for appellants submits that the delay was due to the file moving through different channels and the decision taking process took time and that appellants have a case on merits and so, impugned order deserves to be set aside and the first appellate court ought to be directed to hear appellants' appeal on merits.