STATE OF J&P Vs. ASHOK KUMAR GUPTA

JUDGEMENT

(1.) This is an application seeking condonation of delay in filing the appeal under Clause 12 of the Letters Patent against Judgment dated 24.11.2016 passed by a learned Single Judge of this Court in SWP No. 1662/2004 titled Ashok Kumar Gupta v. State of J &K and ors .

(2.) It is submitted by the applicant-State that the writ petition filed by the respondent was allowed by the learned Single Judge on 24.11.2016, therefore, the period of limitation for filing the appeal expired on 22.01.2017. The case was processed by the General Administration Department for accord of sanction to file the appeal and the matter was taken up with the Law Department. The sanction to file the appeal was granted by the Law Department on 25.01.2017 and Mrs. Seema Khajooria Shekhar, Sr. AAG was authorized to file the appeal. It is further contended that as a result of change in policy, the Government decided to have the appeals filed in all cases of premature retirement through Advocate General and, accordingly, fresh sanction was accorded authorizing the learned Advocate General to file the appeal. This happened on 20.02.2017. However, learned Advocate General showed his inability to conduct the aforesaid appeal and, therefore, the matter was again taken up by the Law Department and fresh sanction was accorded in favour of Sh. H.A Siddiqui, Sr. AAG on 31.05.2017. It is further contended that since learned Sr. AAG, Mr. H.A Siddiqui was not available in Jammu due to vacation in the High Court w.e.f 10.06.2017 and returned to Jammu on 01.07.2017, as such, after obtaining the certified copy and collecting the record, the appeal was preferred on 07.07.2017. There has, thus, been a delay of 155 days in preferring this appeal. This is how the applicant sought to explain the delay.

(3.) On being put to notice, the respondent has filed objections and has vehemently opposed the application of the applicant seeking condonation of delay. It was submitted by the learned counsel appearing for the respondent that the State has miserably failed to explain the delay by giving sufficient cause. He even disputed the fact that there was delay of 155 days in filing the appeal. Learned counsel further submitted that there is a huge delay of more than 08 months and the same cannot be condoned, particularly when the State has miserably failed to justify such a huge delay in filing the appeal and a valuable right has accrued to him pursuant to a judgment passed by the learned Single Judge and same cannot be taken away by filing a highly belated appeal.