SECRETARY, HOME DEPARTMENT, PUNJAB Vs. PARAMJIT SINGH

JUDGEMENT

(1.) Plaintiff-respondent filed a suit for declaration calling in question an order dated 15.9.1992 passed by the Senior Superintendent of Police, Hoshiarpur whereby he was dismissed from service. Trial Court by judgment and decree dated 7.10.1994 decreed the suit. Aggrieved thereagainst the defendants filed appeal. Since the appeal was barred by time, an application under section 5 of the Limitation Act seeking condonation of delay was also filed. The application was considered by the learned District Judge who by his order dated 20.3.1995 dismissed the application and consequently the appeal also stood dismissed. Hence this is a revision at the instance of the defendants.

(2.) In response to notice plaintiff-respondent has put in appearance.

(3.) Learned counsel for the petitioners submitted that the department was pursuing the matter with due care, but the delay occurred in filing the appeal on account of the fact that decision to file the appeal was to be taken at different levels. Because of impersonal attitude of the officials of the State delay of 45 days in filing the appeal deserved to be condoned in view of the judgment of the Supreme Court in Special Tehsildar, Land Acquisition, Kerala v. K.V. Ayisumma, 1996 AIR(SC) 2750