STATE OF RAJASTHAN Vs. GANGADHAR SHARMA

JUDGEMENT

(1.) This intra-court appeal against a part of the order dated 05.05.2011 as passed by the learned Single Judge of this Court in CWP No.1537/2003 is reported to be time-barred by 322 days. An application seeking condonation of delay has been filed stating the time taken in the official processes to be the reason for delay. Though a reply has been filed opposing the application but after having heard the learned Government Counsel for the appellants and the learned counsel for the writ petitioner (the respondent herein) and having considered the totality of facts and circumstances and subject-matter of this appeal, it appears that the delay had essentially been for the time consumed in the official processes and in collection of all the record; and it is just and proper to condone the delay and to consider the matter on merits.

(2.) Accordingly and in view of the above, the delay in filing the appeal is condoned. The appeal is taken on the regular side. Having regard to the short point involved, with the consent and at the request of the learned counsel for the parties, we have heard the matter finally at this stage itself.

(3.) The writ petition leading to this appeal was filed by the respondent Shri Gangadhar Sharma stating his agony and grievance as against the order dated 28.03.2003 whereby his services as a Class IV employee were sought to be terminated rather contrary to the orders earlier passed by this Court and by the Rajasthan Civil Services Appellate Tribunal.