RAM SHARAN SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) B. S. Chauhan, J. This Special Appeal has been filed against the judgment and order of the learned Single Judge dated 14- 8-2007, by which the application of the petitioner-appellant for restoration of the writ petition has been dismissed on the ground that there was no justification for condoning the delay of more than six years.

(2.) THE facts and circumstances of the case are that the petitioner-appellant, while serving as a Soldier in E. M. E. , was given a charge-sheet on 22-11-1991 for remaining absent from duty without leave. After concluding the enquiry, he was awarded the punishment of dismissal from service vide order dated 24- 11-1991. THE petitioner-appellant filed Writ Petition No. 12853 of 1992, which was dismissed in default vide order dated 4-5-2001. An application for restoration with application for condonation of delay was filed in May, 2007. THE said application was rejected by the learned Single Judge vide impugned judgment and order dated 14-8-2007 taking note of the fact that the matter was earlier listed on 12-4- 2001 and adjournment was sought. THE matter was adjourned on the condition that on the next date of listing, no adjournment would be granted on any ground, whatsoever. When the matter came up for hearing on 4-5- 2001, none appeared to press the petition and, therefore, petition was dismissed for want of prosecution.

(3.) WE have considered the rival submissions made by learned Counsel for the parties, perused the record and examined the judgments relied upon by the Counsel for the parties.