Rajasthan High Court - Jaipur
It Can Be Noticed That The Ld. Single ... vs . State Of Rajasthan & Ors. In Sb ... on 16 July, 2014
Author: Ajay Rastogi
Bench: Ajay Rastogi
In the High Court of Judicature for Rajasthan Jaipur Bench DB Special Appeal (W) 810/2014 Date of Order ::: 16/7/2014 Hon'ble Mr. Justice Ajay Rastogi Hon'ble Mr. Justice JK Ranka Mr. Anil Kumar Sharma, Dy. Inspector, Department of Sanskrit Education, OIC.
Instant intra court appeal has been filed against the judgment of the ld. Single Judge dt.6.12.2013.
It can be noticed that the ld. Single Judge has not examined the controversy raised for consideration on merits, however, decided on the basis of the decision of this Court at Principal Seat Jodhpur in the case of Vijay Kumar Damor & Ors. Vs. State of Rajasthan & Ors. in SB CWP-6547/2011 decided on 19.9.2012.
It is further brought to our notice that against the order referred by the ld. Single Judge dt.19.9.2012 the state govt. preferred DB Special Appeal (W) No.314/2013 State of Raj. & Anr. Vs. Vijay Kumar Damor and that came to be dismissed vide order dt.18.11.2013 and the justification shown to this Court for filing instant intra court appeal appears to be the decision taken by the state govt. for filing special leave petition before the Supreme Court against the judgment of the Division Bench.
Office has pointed out delay in filing appeal and application has been filed seeking condonation of delay u/S.5 of Limitation Act and the cyclo-style reasons are being shown about the time being consumed in taking decision to file appeal. Apart from delay, we are not satisfied on merits as well and once the Coordinate Bench of this Court at the Principal Seat at Jodhpur has affirmed the order referred by the ld. Single Judge. We do not find any justification in entertaining instant intra court appeal.
Consequently, the application and so also the appeal is holding without merit and accordingly dismissed.
[JK Ranka], J. [Ajay Rastogi], J dsr/
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