SUBE SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THE present application has been filed under Section 5 of the Limitation Act seeking condonation of 217 days delay in filing the appeal. THE applicant has submitted that he was a Sweeper whose services were terminated in May, 1994. Since then he is out of job. He has no money. After his appeal was dismissed he requested his counsel in the trial Court to supply him certified copies of the judgments. Even though the counsel got the judgments prepared, the applicant alleges, that the counsel did not give him the copies till the applicant deposited the balance fee. THE applicant submits that since he had no money, it is with great difficulty he managed the money and deposited it with the counsel. It is therefore that the delay of 217 days has occurred in filing the appeal. For the reasons mentioned in the application, I condone the delay in filing the present regular second appeal.

(2.) THE present appeal has been filed against the judgment of the trial Court and the lower Appellate Court whereby the suit of the plaintiff was dismissed and the first appeal filed by him was also dismissed. A reading of the facts of this case would show that the appellant was dismissed from service on 4.5.1994. His appeal was also dismissed on 6.12.1994. THE present suit was filed in the year 2000. THErefore the Courts below have found that the suit is barred by limitation. I find no infirmity in these findings recorded by the Courts below. Even otherwise a concurrent finding has been recorded that the enquiry conducted against the appellant was fair and proper. It was charge against him that he is a habitual absentee and the same stood proved in the departmental enquiry. It was therefore that the appellant had been dismissed from service. No question of law arises for determination in this regular second appeal. THE same is therefore dismissed in limine.