Madhya Pradesh High Court
The State Of Madhya Pradesh vs Smt.Bhuriyabai on 4 January, 2017
FA-415-2008
(THE STATE OF MADHYA PRADESH Vs SMT.BHURIYABAI)
04-01-2017
Shri Alok Tapikar, Panel Lawyer for the appellant/State.
Shri Satyam Agrawal, counsel for the respondent.
Heard on IA No. 6741/2008 which is an application under Section 5 of Limitation Act for condoning the delay in filing the present appeal.
It is submitted by the learned counsel for the appellant/State that there is a delay of about 2 years. As per the direction of this Court, an additional affidavit was filed by the State to show the reasons of such delay. It is clear from the para-3 of the additional affidavit that one Mr. Maravi, the then Chief Medical and Health Officer, Sehore was appointed as OIC on 18.5.2007 for filing the appeal in the matter but he contacted the Office of Advocate General on 16.8.2008 i.e. exactly after one year of his appointment as OIC in the matter. In the aforesaid affidavit there is no explanation that what action against the said erring officer has been taken by the State Government.
Considering this aspect though this application for condonation of delay in filing the appeal is allowed and the delay caused in filing the appeal is hereby condoned subject to impose a cost of Rs. 5000/-, which should be recovered from the concerned erring officer and be paid to the respondent.
A typed copy be supplied the counsel for the State. C.c. as per rules.
(NANDITA DUBEY) JUDGE rss