STATE OF GUJARAT Vs. S. R. DAMOR

JUDGEMENT

(1.) By way of present application under Section 5 of the Limitation Act, 1963 the applicant-State authorities have requested to condone delay of 561 days in filing Letters Patent Appeal under Clause 15 of the Letters Patent Act challenging oral judgment dated 26.9.2017 passed in Special Civil Application No.4999 of 2010, by which learned Single Judge has quashed and set aside the penalty imposed by the department, retiring the present respondent compulsorily, and further directed to treat him as if he has voluntarily retired from service with effect from 26.9.2007, (that is the date from which he was made to compulsorily retire by the department itself).

(2.) In response to the notice issued by this Court, the respondent has appeared through learned advocate Mr.K.B.Pujara and has filed affidavit-in-reply opposing this application.

(3.) Mr.J.K.Shah, learned AGP would submit that there are sufficient reasons, which were beyond control of government authorities, due to which delay has occurred and, therefore, this application be allowed. He would submit that, at initial stage, opinion from Government Pleader office could not be obtained, in view of the fact that posts of Commissioners, Special Officer on Duty, Administrative Officer and Assistant Director were vacant for two years and post of Accounting Officer also remained vacant for one year and, at clerical level the matter was pending. He would submit that the order was passed by learned Single Judge on 26.9.2017, which came to be served to the department on 10.10.2017, however, in absence of any competent officer, opinion from Government Pleader office of High Court of Gujarat was sought on 8.1.2019 and, thereafter the matter has moved and ultimately the appeal came to be filed by the department on 10.5.2019. He would, therefore, submit that the application may be allowed.