A Division Bench dismissed an intra-court appeal filed by the State of Rajasthan against a coordinate bench order, condoning a 67-day delay under Section 5 of the Limitation Act and dismissing the appeal following the earlier decision.
Condonation of delay allowed; instant appeal dismissed.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN
AT JODHPUR
D.B. Spl. Appl. Writ No. 904/2018
----Appellants
Versus
Malam Singh S/o Shri Devi Singh, aged about 45 years, R/o 29, Mahaveer Nagar, Bhinmal, District- Jalore.
----Respondent
For Appellant(s) : Mr. Sunil Joshi on behalf of Mr. Rajesh Panwar, AAG
For Respondent(s) : - -
HON'BLE MR. JUSTICE SANGEET LODHA HON'BLE MR. JUSTICE DINESH MEHTA
Order
17/09/2018
The instant appeal is reported to be barred by 67 days.
For the reasons stated in the application, delay of 67 days in filing the appeal is condoned.
The application under Section 5 of the Limitation Act is,
accordingly, disposed of.
Learned counsel for the appellant-State submits that controversy involved in the present appeal has already been decided by a coordinate bench of this Court in the case of State
of Rajasthan & Ors. vs. Rajveer Singh (DBSAW
No.939/2018 , decided on 06.08.2018) , whereby intra-court
(2 of 2)
[SAW-904/2018]
appeal filed on behalf of appellant- State was dismissed, while observing as under: -
“We highlight that the conscious decision of the State Government taken on 25.06.2012 not to remove from service the Prabodhaks followed by a specific decision taken on 26.08.2014 pertaining to the respondent to the effect that his service would not be terminated warrants the view taken by the learned Single Judge to be accepted.
The appeal is dismissed.”
Accordingly, and in view of above, the instant intra-court appeal is also dismissed in the same terms indicated above.
(DINESH MEHTA),J
(SANGEET LODHA),J
DJ/- 4
2 issues framed by the court
Whether the delay of 67 days in filing the appeal should be condoned.
Whether the instant intra-court appeal should be dismissed in view of the coordinate bench judgment.
Colour shows how this judgement treated each authority
State of Rajasthan & Ors. vs. Rajveer SinghReferred¶22
State of Rajasthan & Ors. vs. Rajveer Singh (DBSAW No.939/2018)
1 provisions across 1 enactments
State Of Rajasthan
Malam Singh
SANGEET LODHA
DINESH MEHTA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
