In an appeal against a writ judgment, the Special Appeal was dismissed as time-barred. The High Court held that the appellant's explanation for a 159-day delay was insufficient, reflecting absolute negligence with no just cause for condonation.
The special appeal was barred by limitation and was dismissed.
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Court No. - 21
Case :- SPECIAL APPEAL DEFECTIVE No. - 507 of 2018
Appellant :- The Joint Director Of Education And Another Respondent :- Subhash Chandra And 2 Ors Counsel for Appellant :- Nagendra Kumar Pandey Counsel for Respondent :- Ajay Kumar Singh Yadav
Hon'ble Govind Mathur,J. Hon'ble Chandra Dhari Singh,J.
This appeal is barred by limitation from 159 days. An application is preferred to have condonation of the same.
As per the averments contained in the application, the appellant came to know about the impugned order dated 31st January, 2018 only on having representation submitted by the respondent-petitioners. The appellant thereafter made contact with the Chief Standing Counsel on 25th April, 2018. The Chief Standing Counsel opined for availing the remedy of a special appeal in the matter. The Joint Director of Education, Varanasi then granted permission to file special appeal on 10th June, 2018 and then on 19th July, 2018 the appeal was preferred and was presented on 2nd August, 2018.
The averments contained in the application does not disclose as to why the judgment dated 31st January, 2018 was not in knowledge of the appellant and on what date opinion was given by the Chief Standing Counsel to file special appeal.
It is also not clear that why Joint Director of Education, Varanasi took a huge time to grant permission in filing special appeal. It is also not explained that why the special appeal was presented on 2nd August, 2018 i.e. after a lapse of about 13 days from the date it was ready for presentation.
It is well settled that the delay occurred in filing appeals is required to be satisfied on day to day basis. The application, as a matter of fact no where explains such delay. The application is nothing but narration of facts with support of reasons. The averments not indicates any deligence on part of the appellant in presenting the appeal but reflects absolute negligence.
In view of that, we are not inclined to condone the delay. It would also appropriate to mention that as per learned single Bench the order impugned in the writ petition was filed without giving any notice to the institution and further that the vacancies against which the appointments were given to the
respondent-petitioners were created by the authority to whom powers were delegated by the Director of Education. The appointments were also approved by the competent authority.
Be that as it may, we do not find any just reason in the matter to condone the delay. The appeal is dismissed.
Order Date :- 14.8.2018 Bhaskar
(Chandra Dhari Singh, J.) (Govind Mathur, J.)
2 issues framed by the court
Whether the delay of 159 days in filing the special appeal warrants condonation.
Whether the appellant's application condoning delay sufficiently explained the reasons for negligence.
1 provisions across 1 enactments
The Joint Director Of Education And Another
Subhash Chandra And 2 Ors
Govind Mathur
Chandra Dhari Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
