The court rejected an application to condone a 961-day delay in filing an appeal, holding that no sufficient cause was shown and due diligence was absent. Consequently, the first appeal was also dismissed.
The miscellaneous case for condonation of delay and the consequent first appeal are dismissed.
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F.A.O No. 572 of 2015
Misc. Case No. 858 of 2015
14.12.2015
This is an application for condonation of delay of 961 days in preferring the appeal.
Heard Mr. A.K. Pandey, learned Standing Counsel for the School and Mass Education Depart
ment appearing for the appellants and Mr. L.K. Mohanty, learned counsel for the respondent nos
.1 to 9 and Mr. B.K. Jena, learned counsel for the respondent no.10..
While adjudicating the similar case in State of Odisha and another v. Smt. Bishnupriya R
outray and another, 118 (2014) CLT 580, this Court has not condoned the delay of 706 days in p
referring the appeal. Applying the same principle to the present case where delay of 961 days
has been caused in preferring the appeal and looking at the reasons assigned in paragraphs-3 a
nd 4 of the petition, sufficient cause has not been shown to condone the delay of 961 days in
preferring the appeal. That apart no due diligence has been indicated in the petition in prefe
rring the appeal.
Accordingly, the Misc. case is rejected.
F.A.O No. 572 of 2015
14.12.2015
In view of dismissal of Misc. Case No.858 of 2015 for condonation of delay of 961 days
in preferring the appeal, consequentially the F.A.O. No.572 of 2015 filed by the State is als
o dismissed.
Urgent certified copy of this order be granted on proper application.
Dr. B.R. Sarangi,J.
2 issues framed by the court
Whether sufficient cause is shown to condone a delay of 961 days in filing an appeal.
Whether the present case should be distinguished from a similar case where a delay of 706 days was not condoned.
Dr. B.R. Sarangi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court