STATE OF JHARKHAND Vs. GOPAL PRASAD

JUDGEMENT

(1.) Heard learned counsel for the parties, both on the point of condonation of delay of 424 days in preferring the instant Memo of Appeal made through I.A. No. 6290/2019 and also on the merits of the challenge to the impugned order dated 13.10.2017 passed in WPS No. 2027/2015 by the learned Writ Court.

(2.) In the delay condonation application, appellant / State has taken the plea that after passing of the impugned order, proper steps were taken by the Chief Engineer on 21.12.2017 for filing of the appeal and thereafter, opinion was sought from the office of learned Advocate General vide letter no. 7040(s) dated 12.12.2017. After receipt of the opinion, grounds for filing appeal were prepared and file was sent to the Department for seeking approval. Thereafter, appeal was filed.

(3.) Learned counsel for the writ petitioner / Respondent has strongly opposed the prayer for condonation of delay. It is submitted that delay is not miniscule, rather more than a year. Therefore, explanation on such flimsy grounds should not be accepted.