UNION OF INDIA Vs. KAMESHWAR DUBEY

JUDGEMENT

(1.) This Letters Patent Appeal has been filed after a delay of about two years. It is accompanied with an application for condonation of delay under Section 5 of the Limitation Act.

(2.) The appeal was filed against the impugned judgment of the learned single Judge dated 20.10.2003. It is alleged in paragraph 4 of the delay condonation application that a copy of the impugned judgment was received from the Railway Advocate by the department on 9.12.2003. In paragraph 5 of the application it is stated that the competent authority decided to file the Special Leave Petition and accordingly the case was referred to the headquarter on 18.1.2004 for approval.

(3.) In paragraph 6 of the application it is stated that after receiving the complete file from the divisional office for filing the Special Leave Petition the headquarter forwarded the file on 10.2.2004 to the Railway Board to take a decision whether a Special Leave Petition should be filed or not. It is alleged that the appellant sent a reminder to the headquarter on 1.3.2004.