The High Court dismissed an application for condonation of delay in filing a review petition. The court held the delay of 499 days was not bona fide and consequently dismissed the review petition as time-barred.
Application for condonation of delay dismissed; review petition dismissed as time-barred.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
D. B. Civil Misc. Application No.228/2019
In
D.B. Review Petition (Writ) No. 61/2019
In
D. B. Civil Special Appeal (Writ) No.436/1998
In
S. B. Civil Writ Petition No.1692/1997
State Of Rajasthan, Through Its Secretary, Department Of Personnel, Govt. Secretariat, Jaipur.
----Petitioner-Appellant
Versus
Respondent
For Petitioner(s) : Mr. S.S. Raghav, Additional Advocate General
HON'BLE MRS. JUSTICE SABINA HON'BLE MR. JUSTICE NARENDRA SINGH DHADDHA
Order
04/12/2019
Vide this order application under Section 5 of the Limitation Act would be disposed of.
We have heard learned counsel for the applicant and have gone through the record available on the file carefully.
Appeal filed by the applicant-State was dismissed on 01.09.2017. However, the review petition has been filed after a delay of 499 days. A perusal of the application reveals that no
(2 of 2)
cogent explanation has been given with regard to delay in filing the review petition. Hence, the delay in filing the review petition cannot be said to be bona fide . Moreover, the appeal filed by the State was disposed of vide order dated 01.09.2017 in pursuance to the decision passed in D. B. Special Appeal(W) No.319/1998.
The case of the respondent No.1-Girdhari Lal Gupta was at par with case of Parmila Surana. Appeal filed by the State against the decision given in the case of Parmila Surana was considered by this Court while passing the order dated 01.09.2017.
Since, the delay in filing the review petition is not bona fide , the application seeking condonation of delay in filing the review petition is dismissed. Consequently, review petition is dismissed being time barred.
(NARENDRA SINGH DHADDHA),J
Gourav/Jatin /28
1 issue framed by the court
Whether the delay of 499 days in filing the review petition is bona fide and deserves condonation.
Colour shows how this judgement treated each authority
Parmila SuranaReferred¶24
State Of Rajasthan
Girdhari Lal Gupta
The Rajasthan Civil Services Appellate Tribunal
Sabina
Narendra Singh Dhaddha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
