Disposing of an intra-court appeal for condonation of a 1320-day delay, the Court rejected the application. Finding no orders on the review petition and reserving the substantive merits of the original suspension case, the Court held the appeal was time-barred and disposed of without prejudice to the single judge's view.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
D.B. Spl. Appl. Writ No. 551/2021
----Appellants Versus
Mukesh Tyagi S/o Late Sudhir Chand Tyagi, Aged About 37 Years, B-324, Karni Nagar, Lalgarh, Bikaner, Sub Jailer, High Security Jail, Ajmer At Present Head Office, Prisons, Jaipur
----Respondent
For Appellant(s) : Mr. Manish Vyas, AAG. Mr. Kailash Choudhary. For Respondent(s) : ---
HON'BLE THE CHIEF JUSTICE MR. AKIL KURESHI HON'BLE MR. JUSTICE SANDEEP MEHTA
Order
28/10/2021
In this intra-court appeal, an application is filed by the appellant State of Rajasthan and others seeking condonation of delay in filing the special appeal. According to the Registry, there is a delay of 1320 days. To explain such a long delay, all that is stated in the application is that initially a review petition was filed before the Single Judge which was decided on 14.01.2021 and thereafter, legal opinion was obtained from the law department and a decision was taken to file the appeal.
We do not find any order passed on the review petition as is stated in the application. In any case, the issue involved in the
(2 of 2)
[SAW-551/2021]
main writ petition was with respect to suspension of a Government servant which was ordered on 10.03.2015. When the case against him for offence under the Prevention of Corruption Act was registered on 26.07.2012, the learned Single Judge noted that the order of suspension was passed mechanically and therefore could not be sustained. This judgment was passed on 04.12.2017. This appeal is placed before us nearly 4 years later. We presume that the Government servant must have been re-instated in active service pursuant to the judgment of the Single Judge setting aside his suspension. That being the position, after such a long delay, this appeal cannot be entertained. The applicants have failed to make out sufficient grounds for condonation of long delay in filing the appeal.
Under the circumstances, the application along with special appeal stands disposed of.
It is further clarified that the disposal of the present appeal would not be seen as confirmation of the view of the learned Single Judge.
(SANDEEP MEHTA),J
(AKIL KURESHI),CJ
23-jayesh/-
2 issues framed by the court
Whether the applicant has made out sufficient grounds to condone a delay of 1320 days in filing the intra-court appeal.
Whether the long delay precludes the entertainability of the appeal regarding the suspension of a government servant.
State Of Rajasthan, Through The Secretary Department Of Prisons, Secretariat, Jaipur
The Director General And Inspector General Of Prisons, Directorate Of Prisons, Ghat Gate, Jaipur
The Superintendent Central Jail, High Security Prison, Ajmer
Mukesh Tyagi
Akil Kureshi
Sandeep Mehta
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
