PRESIDENT/SECRETARY Vs. CHAUHAN MANJUR REHMAN M

JUDGEMENT

(1.) Heard, learned Advocate, Mr. Vilas G. Goswamy, appearing for the petitioner.

(2.) By this petition under Art. 227 of the Constitution of India, the petitioner has challenged the order dtd. 19/4/202, passed by the Gujarat Educational Institutions Services Tribunal in MCA No. 50 of 2016, preferred by Respondent No.1 for condonation of delay of 5 years and 5 months, caused in filing the said application before the Tribunal, pursuant to the order dtd. 14/2/2011, whereby, the Tribunal had granted liberty to Respondent No.1 to file a fresh application and had disposed of the earlier application, being Application No. 24 of 2004, as Respondent No.1 was relieved on 30/9/2005, during the pendency of the said application and the order passed by the petitioner was not served upon Respondent No.1.

(3.) Learned Advocate, Mr. Goswami, submitted that the Tribunal could not have condoned the delay on such sympathetic ground in favour of Respondent No.1. It was, further, submitted that the Tribunal, without ascertaining the cause for delay submitted by Respondent No.1 and without calling upon the advocate to substantiate the submissions of Respondent No.1 for delay of 5 years and 5 months in preferring the application, has passed the impugned order.