CHIEF SECURITY COMMISSIONER Vs. JIWIT PROSAD ARYA

JUDGEMENT

(1.) The application (CAN 6119 of 2019) for condonation of delay of 172 days is taken up for hearing when the learned advocate appearing for the appellants relies upon memo dated 23rd September, 2019 wherefrom it appears that pursuant to the previous order dated 17th September, 2019 the cost has been deposited with the State Legal Service Authority, West Bengal on 23rd September, 2019.

(2.) On hearing the learned advocates appearing for the parties and considering the explanations offered in support of delay caused in presenting the appeal we are satisfied that the appellants were prevented from presenting this appeal within the statutory period of limitation. Accordingly, the delay of 172 days in presenting this appeal is condoned. The application (CAN 6119 of 2019) for condonation of delay is allowed.

(3.) The appeal (MAT 609 of 2019) and the stay application (C.A.N. 6121 of 2019) have been preferred against the judgment and order dated 27th September, 2018 passed by the learned Single Judge on writ petition being W.P. No. 5013 (w) of 2010 whereby the final order of punishment of removal from service dated 1st July, 2009 and the order of the appellate authority dated 25th February, 2010 confirming the order of punishment, were set- aside with the direction that the writ petitioner should be notionally reinstated from service from the day of his removal from service and shall be deemed to have continued to work till he attained the age of superannuation. The appellants were further directed by the learned Single Judge to pay 50% of the salary and other allowances during the period had he been in service taking into account the monetary benefits which he would have been entitled to and also directed the appellants to calculate the retiral and other consequential benefits of the petitioner upon treating him to be in service till the date of retirement. All the financial benefits accrued from the order of the learned Single Judge which is under appeal was directed to be released in his favour within a particular period and arrears of pension was directed to be released in installments.