Allahabad High Court
Munshi Ram Tewari Inre W.P.No.4221 Sers ... vs State Of U.P.Thr.Secy Cooperative And 4 ... on 21 January, 2010
Author: C.K. Prasad
Bench: C.K. Prasad, Y. K. Sangal
CJ's Court
Special Appeal No.297 (D) of 2008
Munshi Ram Tiwari
Vs.
State of U.P. & Others:
***
Hon'ble C.K. Prasad, CJ
Hon'ble Y. K. Sangal, J.
Writ petitioner-appellant, aggrieved by order dated 14.8.2007 passed by a learned Single Judge in Writ Petition No.4221 (S/S) of 2007, has preferred this special appeal under Rule 5 Chapter VIII of the Allahabad High Court Rules.
Writ petitioner-appellant challenged the resolution of the Managing Committee of the Kisan Sewa Sahkari Samiti Ltd., whereby his services were dispensed with. Along with the writ petition, he had annexed the resolution (Annexure No.2) so passed. However, when the matter was taken up, it was pointed out before the learned Single Judge that the resolution annexed is not the true copy of the resolution passed and an important part of the resolution that "in case, in future the financial condition of the Society improves, he shall be re-employed" was omitted. The aforesaid concealment of fact was found to be the material concealment and taking into account the same, the learned Single Judge dismissed the writ petition.
Mr. Raj Kumar, holding brief of Mr. Mohan Singh, appearing on behalf of the writ petitioner-appellant, submits that it was a typographical error and hence, the same ought to have been ignored.
We do not find any substance in the submission of learned counsel for the writ petitioner-appellant. An incomplete resolution was placed on record. Further, no mention of those parts of the resolution, which have been omitted, have been mentioned in the writ petition. In the facts and circumstances of the present case, the learned Single Judge is right in observing that it is a deliberate concealment of material fact.
We do not find any merit in this appeal and it is dismissed, accordingly.
Dt/-21.1.2010 RKK/-
(C.K. Prasad, CJ) (Y.K. Sangal, J) C.M. Application No.45425 of 2008 In:
Special Appeal No.297 (D) of 2008 Munshi Ram Tiwari Vs. State of U.P. & Others:
Hon'ble C.K. Prasad, CJ Hon'ble Y. K. Sangal, J.
This application has been filed for condoning the delay in filing the appeal.
According to the Stamp Reporter, this appeal is barred by limitation by 8 months.
Various reasons, which prevented the appellant from filing the appeal within time, have been enumerated in the affidavit filed in support of the delay condonation application.
We are of the opinion that the same constitute sufficient cause for condoning the delay in filing the appeal.
Accordingly, the delay in filing the appeal is condoned. Application stands allowed.
Dt/-21.1.2010
RKK/- (C.K. Prasad, CJ)
(Y.K. Sangal, J)