The Bench allowed condonation of a 110-day delay in filing a special appeal against an order directing appointment as Constable, subsequently dismissing the appeal based on a prior bench decision.
Application under Section 5 of the Limitation Act allowed; Special appeal dismissed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
D.B. Special Appeal Writ No. 1302/2019
----Appellants
Versus
Manish Kumar Dube S/o Shri Hari Shankar Dube, Aged About 26 Years, R/o Rundhya Mohalla, Helak, Tehsil Kumher, District Bharatpur, Rajasthan.
----Respondent
For Appellant(s) : Mr. Harshal Tholia on behalf of Mr. Vibhuti Bhusan Sharma, AAG For Respondent(s) : Mr. Munish Bhardwaj
HON'BLE MR. JUSTICE SANGEET LODHA HON'BLE MR. JUSTICE MAHENDAR KUMAR GOYAL
Order
04/02/2020
The appeal reported to be barred by limitation for 110 days, is accompanied by an application under Section 5 of the Limitation Act.
Having heard learned counsel for the parties, we are satisfied that the appellants were prevented from filing the appeal within limitation for sufficient cause.
Accordingly, the application under Section 5 of the Limitation Act is allowed. Delay in filing the appeal is condoned.
(2 of 2)
[SAW-1302/2019]
This intra-court appeal is directed against the order dated 12.3.19 passed by the learned Single Judge, whereby three writ petitions being S.B. Civil Writ Petitions No.890/19, 962/19 & 27941/18, involving identical issues were allowed and the petitioners therein, were directed to be appointed on the post of Constable as per their merit position in the select list in the respective districts.
The present appeal arises out of S.B. Civil Writ Petition No.27941/18.
Indisputably, two special appeals being D.B. Special Appeal Writ Nos.1079/19 (State of Rajasthan & Ors. Vs. Rajesh Kumar Meena) and 1525/19 (State of Rajasthan & Ors. Vs. Hanuman Gurjar), arising out of S.B. Civil Writ Petitions No.962/19 & 890/19, respectively, were dismissed by a Bench of this Court vide order dated 6.1.2020.
In this view of the matter, this special appeal is also dismissed in the light of bench decision of this Court in Rajesh Kumar Meena’s case (supra).
The pending applications also stand disposed of.
(MAHENDAR KUMAR GOYAL),J (SANGEET LODHA),J
VIJYANT SHARMA /632
1 issue framed by the court
Whether the delay of 110 days in filing the special appeal should be condoned under Section 5 of the Limitation Act.
1 provisions across 1 enactments
STATE OF RAJASTHAN, THROUGH ITS PRINCIPAL SECRETARY, HOME AFFAIRS
MANISH KUMAR DUBE
SANGEET LODHA
MAHENDAR KUMAR GOYAL
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
