STATE OF HARYANA AND OTHERS Vs. JAI SINGH

JUDGEMENT

(1.) The order passed by the learned Single Judge dated 16.12.2016 allowing the writ petition by quashing the order dated 31.12.2012, discharging the respondent from service on account of disability suffered by him in an accident, has been impugned in the present intra Court appeal. Along with the appeal, an application seeking condonation of delay of 396 days in filing the appeal has also been filed.

(2.) For seeking condonation of delay in filing the appeal, it has been stated in the application that after the writ petition was allowed by learned Single Bench of this Court on 16.12.2016, opinion was given by the Advocate General, Haryana, Chandigarh on 04.05.2017 opining this to be a fit case for filing appeal. Legal Remembrancer and Law Secretary to Government Haryana vide memo dated 31.05.2017 advised the Government that the case is not fit for filing appeal. He disagreed with the opinion given by the Advocate General's office. Thereafter the file moved like a shuttle cock between different departments. The instructions were issued to the Advocate General, Haryana, Chandigarh on 17.01.2018 to file the appeal. Appeal was filed thereafter on 15.02.2018. The aforesaid explanation given in the application can hardly be accepted to condone huge delay of 396 days in filing the appeal.

(3.) We could leave the case at this stage only as once the application seeking condonation of delay is dismissed, consequently, appeal is automatically dismissed, but we are constrained to observe on merits of the controversy involved, which clearly shows total insensitiveness of the officers of different departments involved in the process of examining the order passed by this Court for the purpose of filing appeal against the same.