UNION OF INDIA Vs. VIVEK BHARDWAJ AND ANOTHER

JUDGEMENT

(1.) Heard.

(2.) Main appeal, which has been filed against the judgment and decree dated 20.1.2014, passed by learned Additional District Judge-II, Una, District Una, is barred by 256 days. The explanation as set out in the application is bureaucratic style of functioning in the Government Offices as the matter allegedly remained pending for consideration before various authorities in the Department of Defence, Government of India for seeking approval. The District Attorney, Una has advised the applicant-appellant vide communication dated 10.2.2014 to seek opinion of the Law Department for filing of appeal in this Court against the impugned judgment and decree. The approval was finally received in the first week of May, 2014. The matter thereafter was processed in the office of learned Assistant Solicitor General of India and the memorandum of appeal drafted in the month of May itself. The same after obtaining the signature of the competent authority was sent to the office of learned Assistant General of India on 23rd May, 2014 for filing the appeal in this Court. The appeal along with this application, however, was filed on 19.1.2015 i.e. after about seven months. It is in this backdrop while hearing this application for sometime on 13.7.2016, the applicant, Union of India, was directed to file supplementary affidavit clarifying therein as to where the matter remained held up during the period 23.5.2014 to 18.1.2015. This order reads as follows:-

(3.) Irrespective of 4-5 opportunities granted for the purpose, supplementary affidavit has not been filed. On the previous date, last and final opportunity was granted to the applicant-appellant to file the same with a rider that in case the affidavit is not filed even within the extended period also, the application shall be disposed of finally.