STATE OF GUJARAT Vs. DAHAYABHAI NYALCHAND VORA

JUDGEMENT

(1.) The applicants are the State Government and its authorities who have filed the present Civil Application seeking condonation of delay in preferring the Second Appeal. The delay is of 202 days.

(2.) It is the case of the applicants in the Civil Application as well as in the supportive affidavit filed subsequently for explaining the delay, that after the judgment sought to be challenged was delivered by the District Court on 14th October, 2011, the Director of Education asked for opinion by forwarding the proposal on 09th March, 201 It was stated that thereafter, on 16th March, 2012, the Deputy Section Officer forwarded the file to the Section Officer, which then sent for signature of the Under Secretary. The papers thereafter came to be transmitted to the Joint Secretary and on 21st March, 2012, they were forwarded to the Principal Secretary, who in turn forwarded to Deputy Secretary (Legal). Thereafter, on 13th April, 2012, the Legal Department accorded sanction to prefer Appeal. On 18th April, 2012, the office of the Government Pleader in the High Court was instructed to file the Appeal.

(3.) It was further stated by the applicants that when the papers reached the office of the Government Pleader, it became known that they were without certified copy of the judgment to be challenged. A telegram was then sent on 19th April, 2012, to the Department concerned for sending the certified copy. The certified copy was thereafter applied on 21st April, 2012. The same was received by the office of the Government Pleader at High Court on 10th May, 2012. The Second Appeal and Civil Application for condonation of delay were filed on 31.07.2012.