STATE OF PUNJAB Vs. CHARANJIT SINGH

JUDGEMENT

(1.) THE petitioners, viz. the State of Punjab etc. are aggrieved by the order of the Additional District Judge, Sangrur by which an application under Section 5 of the Limitation Act for condonation of delay in filing the appeal has been dismissed. A few facts may be noticed.

(2.) CHARANJIT Singh, respondent filed a suit for declaration that the order dated August 5, 1985, issued by the Deputy Inspector General of Police Patiala discharging him from the post of Assistant Sub-Inspector was illegal and that he was entitled to be reinstated with all consequential benefits. The suit was decreed by the learned trial Court on January 29, 1991. A certified copy of this judgment was delivered to the learned counsel for the petitioners on March 4, 1991. It is stated to have been forwarded to the office of the Legal Remembrancer on March 8, 1991. On examination of the case, the Legal Remembrancer opined on March 20, 1991 that it was not a fit case for filing of appeal before the District Judge. This opinion was conveyed to the Home Department of the Government vide letter dated March 20, 1991. However, on April 15, 1991, the Home Department took the view that an appeal should be filed. Instructions were accordingly issued to the Legal Remembrascer on April 16, 1991. The decision was conveyed to the District Attorney Sangrur, who received it on May 20, 1991. The appeal was filed on May 21, 1991.

(3.) THE date on which the petitioners filed an application for the issue of a certified copy of the order of the trial Court has not been furnished. However, even if it is assumed that the application was submitted on the date of the decision itself, viz. January 29, 1991, the limitation for filing the appeal expired on April 1, 1991. Consequently, the appeal was barred by about seven weeks. The learned District Judge has after framing an issue and recording the evidence come to a conclusion that no ground for condonation of delay was made out. Accordingly, the application was dismissed.