This Special Appeal was dismissed as barred by limitation of 201 days. The court declined to condone the delay and refused to interfere in the Single Bench's decision dismissing a writ petition concerning a completed selection process from 2001-2005.
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Chief Justice's Court
Case :- SPECIAL APPEAL DEFECTIVE No. - 567 of 2018
Appellant :- Sandhya Chaubey Respondent :- State Of U.P. And 4 Ors Counsel for Appellant :- Upendra Kumar Pandey Counsel for Respondent :- C.S.C.,Sanjay Chaturvedi
Hon'ble Govind Mathur,Chief Justice Hon'ble Samit Gopal,J.
This appeal is barred by limitation from 201 days. An application is preferred to have condonation of delay. Ignoring the delay we have looked into merits of the case. The issue involved in the petition pertains to a process of selection that was initiated in the year 2001 and came to be completed in the month of October, 2005. Learned Single Bench dismissed the petition for writ on the count aforesaid inter alia . In memo of appeal it is stated that the process of selection was initiated in the year 2001 but an enquiry in the matter was conducted and that acquired finality vide order dated 10.09.2014 and as such delay in process of selection is of no consequence.
We do not find any merits in the arguments advanced. The process of selection was admittedly completed in the year 2005 and some enquiry was pending but the process of selection was not stayed in the period interregnum, as such, mere on the count that some matter of enquiry was pending or that acquired finality in 2014 it would not be appropriate to interfere with a stale process of selection. Learned Single Bench in our considered opinion rightly refused to interfere in the matter. The appeal, hence, is dismissed.
Order Date :- 17.2.2020 AS Rathor
(Samit Gopal,J.) (Govind Mathur, C.J.)
2 issues framed by the court
Whether the Special Appeal is maintainable being barred by limitation of 201 days.
Whether the Single Bench judgment dismissing the writ petition regarding the stale selection process of 2001-2005 should be interfered with.
Sandhya Chaubey
State Of U.P.
4 Ors
Govind Mathur
Samit Gopal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
