DIRECTOR SKIMS & ANR Vs. MOHAMMAD RAMZAN BHAT

JUDGEMENT

(1.) Director, SKIMS, Srinagar applicant No.1, has sought the indulgence of the Court, in condoning the delay of 410 days, in filing the Appeal on the grounds, inter alia, that he has no competence to implement the judgement dated 16-07-2015 of this Court, passed in SWP 495/2010, as the relief granted in the said judgement does not pertain to him SKIMS, but it is within the domain and power of the Government Finance Department. It has further been stated that after the receipt of the copy of the order/judgement, immediate steps were taken and the matter was forwarded to the concerned department to take further action on it. In this process, the applicant No.2, after examining the judgement, came to the conclusion that the relief granted in the judgement is not permissible under rules and the department, having no power to grant the relaxation, decided to assail the judgement in an appeal. Obviously the examination of the matter and consideration of the question of filing of Appeal at various levels led to consumption of time.

(2.) The applicants have proceeded to state that there is a delay of some months caused due to the administrative exigencies. It has further been pleaded that the Appeal has an important bearing as far as the interests of the Appellant are concerned and in case the delay in filing the Appeal is not condoned, it will cause great prejudice to the State. The application is buttressed with an affidavit.

(3.) Learned counsel for the respondent vehemently resisted and controverted the application of the Appellant, chiefly on the ground that although the applicants have stated that the judgement was perused at different levels for filing of appeal, yet there is nothing to state as to when the appellant was advised to file the Appeal. The application being cryptic and there being no ground, much less a sufficient one, for the Condonation of Delay, the application is liable to be dismissed.