STATE OF WEST BENGAL Vs. MEGHNATH ROY

JUDGEMENT

(1.) In Re: CAN 7455 of 2019 There is a delay of 228 days in preferring the appeal. The prayer for condonation of delay is opposed by the respondent. In the application for condonation of delay, the appellants have stated various steps, which they had taken following the order passed by the learned Single Judge on 13th June, 2018. The appellants have stated that on 2nd July, 2018, the appellants approached the Legal Remembrancer for consideration why the appeal should be preferred against the order. The Legal Remembrancer granted his approval on 13th September, 2018 and approved the appointment of the learned Government Pleader and his junior to prefer an appeal against the impugned order. The certified copy was applied on 5th July, 2018 within the period of 30 days and was received on 10th August, 2018.

(2.) There is, however, delay of about 7 months for the appellants to take steps for preparation of the appeal. The Secretary, School Education Department appears to have delayed the matter which had continued till this appeal and the application are taken up. The Government Pleader and the Counsel appointed to prepare the appeal thereafter had taken necessary steps, which consumed another 18 days' time.

(3.) We agree with the learned Counsel appearing on behalf of the writ petitioner / respondent that this period of 7 months have not been properly explained. The Court in number of decisions being satisfied with the merits of the matter in appeal had condoned delays of the State Authorities notwithstanding the fact that the State stands in the same position as that of a citizen approaching the Court in the matter of condonation of delay.