Allahabad High Court
Bhoj Dutt Misra vs State Of U P Thr.Prin.Secy.Home ... on 18 September, 2019
Bench: Munishwar Nath Bhandari, Saurabh Lavania
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Court No. - 4 Case :- SERVICE BENCH No. - 1156 of 2009 Petitioner :- Bhoj Dutt Misra Respondent :- State Of U P Thr.Prin.Secy.Home Dept.Civil Sectt.Lko. Counsel for Petitioner :- Jan Laxmi Tiwari,Anant Prakash Tewari,G.C. Verma,Janhavi Prakash Tiwari,Mahendra Pratap Singh,Shambhavi Prakash Tiwari Counsel for Respondent :- C.S.C. Hon'ble Munishwar Nath Bhandari,J.
Hon'ble Saurabh Lavania,J.
(C.M.A. No. 56582 of 2019) This review application has been filed against the judgment dated 02.04.2019 dismissing the writ petition preferred by the petitioner against the order passed by the State Public Service Tribunal (hereinafter referred to as, 'the Tribunal').
Learned counsel submits that the delay in maintaining the appeal can be condoned by the Tribunal. Reference of Rule 8 (4) of the Uttar Pradesh Public Services Tribunal (Procedure) Rules, 1992 (hereinafter referred to as, 'the Rules of 1994') has been given for the aforesaid. It has been admitted that no application for condonation of delay was filed, however, argument is that it could be condoned by the Tribunal itself. The prayer is accordingly to recall the order with remand of the case to the Tribunal to decide the issue of limitation.
We have considered the submissions made by learned counsel for the review applicant and perused the record.
If, Rule 8(4) of the Rules of 1992 is looked into, the delay in maintaining the appeal can be condoned if any application for it has been filed. The review applicant did not submit any application for condonation of delay along with the claim petition before the Tribunal, thus, there was no occasion for the Tribunal to condone it. It can not condone the delay without an application.
In view of the above, the review application is dismissed.
Order Date :- 18.9.2019 Ashish