UNION OF INDIA Vs. PURAN SINGH

JUDGEMENT

(1.) There is delay of 398 days in filing the instant Letters Patent Appeal. The writ petition was decided by the learned single Judge on 9.7.2012 and the review petition filed by the appellant was also dismissed on 22.1.2013. In the application for condonation of delay, it has been averred that after the decision of the civil writ petition and the review petition, opinion of the counsel at different levels were obtained. The Government counsel gave his opinion on 1.5.2013, which was received on 6.5.2013 and the case was processed and sent for approval before the competent authority i.e. DTE (General) ITBP. Thereafter advice/opinion of Ministry of Law & Justice was obtained resulting in 398 days' delay. After going through the application and hearing learned counsel for the appellant, we find no valid reason to condone such inordinate delay in filing the appeal. The appellants have not been able to put forth any cogent and convincing cause for the delay of 398 days in filing this appeal. The application for condonation of delay is declined.

(2.) We have also heard the appellants' counsel on merits.

(3.) This Letters Patent Appeal impugns the order dated 9.7.2002 passed by the learned single Judge, whereby the claim of the writ petitioner-respondent was allowed.