SHER SINGH Vs. STATE

JUDGEMENT

(1.) HEARD .

(2.) THERE is 701 days' delay in filing the review application. It is mentioned in the delay condonation application that on receiving copy of order dated 29.04.2009, the Executive Engineer, Provincial Division, PWD, Almora, after obtaining opinion of the District Government Counsel, referred the matter to the Chief Engineer, Level -I in September, 2009. The Chief Engineer, vide letter dated 10.11.2009 referred the matter to the Government. Thereafter, the matter remained pending consideration of the Government and final permission for filing Special Appeal was granted on 9th July, 2010. After obtaining permission from the Government, Pairokar of the department contacted the state counsel on 27.07.2010. The Standing Counsel for the State advised that instead of filing Special Appeal, review/recall application be filed. Thereafter, Pairokar of the Department contacted the counsel on many occasions, however, the review application could not be dictated for one reason or the other. The Counsel could lastly dictate the review application on 28.03.2011 and the review application was filed on 3rd May, 2011. Necessary permission for filing Special Appeal was given on 9th July, 2010, but it took about ten months for filing review/recall application. The reasons shown for delay are not, at all, convincing and being unsatisfactory, are liable to be rejected. Most surprisingly, permission was granted for filing Special Appeal, but not for filing review application, however rather filing Special Appeal, the applicant/State took decision to file review application.