standing as a Judicial Officer or not but this Court here finds there is no authorization by way of designation to the Additional District Judge, Talcher by the District Judge to take up such appeal. This Court though finds force in submission of Mr.Mishra, learned counsel for the opposite party that it is not necessary that an Additional District Judge with ten years experience can take up such appeal but however for the clear provision at Section 9 of Act 1971, such Officer must have to be designated by the concerned District Judge. The Additional District Judge, Talcher in the circumstance directed to find if this has been designated for such purpose by the District Judge, Angul to continue with such appeal. If there is no such designation being incompetent to undertake such exercise, it has to return the appeal memorandum for its submission before the Competent Court under Section 9 of Act, 1971 for its decision. In the event there is requirement of filing before Competent Court on return of appeal, delay in presenting the appeal in the appropriate Court based on filing of a delay condonation application stating the ground of wrong filing shall be condoned and appeal shall be decided on its own merit.
