UNION OF INDIA Vs. MAKHAN SINGH

JUDGEMENT

(1.) This appeal is filed with a delay of 422 days. The reasons given to seek condonation of the delay are that the same is not intentional or willful and has taken place because of the procedure involved.

(2.) While explaining the delay, it is stated that the copy of the judgment was prepared on 4,9.2008 and was delivered on 13.9.2008. The same was sent to the Ministry of Law for instructions and comments. The Ministry of Law returned the same with a note on 3.11.2008. This was sent through letter dated 21.1.2009. The case was then dealt with in consultation with the Department and proposal was submitted for seeking approval of the competent authority on 16.2.2009. The file was returned with certain queries on 19.2.2009, Clarification was issued on 12.3.2009. However, the Ministry of Home Affairs again returned the file on 23.4.2009, which was again resubmitted on 18.5.2009. The case was again submitted to the Ministry of Home Affairs on 30.7.2009. For strange reason, it was again referred to Ministry of Law on 11.9.2009. It is stated that the Ministry of Law reviewed and superseded earlier opinion dated 3.11.2009 and then the sanction was given to file the appeal. It appears that earlier the case was not found fit for appeal.

(3.) The case was then handed over to the Central Government counsel on 10.11.2009. The Central Government counsel had then made certain queries in regard to judgment passed by the Hon'ble Supreme Court in Union of India and Ors. v. K.V. Jankiraman and Ors., 1991 4 SCC 109. Some original documents were statedly asked for to understand the factual aspects. The record was accordingly received from Kohima and the present Regular Second Appeal was prepared on 19.1.2010. It is accordingly stated that the delay in filing this appeal has, thus, taken place.