Gujarat High Court
State Of Gujarat & vs Shankarbhai Ganeshbhai Chaudhary & on 14 October, 2014
Author: Akil Kureshi
Bench: Akil Kureshi, Vipul M. Pancholi
C/CA/11244/2014 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
CIVIL APPLICATION (FOR CONDONATION OF DELAY) NO. 11244 of
2014
In LETTERS PATENT APPEAL (STAMP NUMBER) NO. 936 of 2014
In SPECIAL CIVIL APPLICATION NO. 5914 of 2010
With
LETTERS PATENT APPEAL (STAMP NUMBER) NO. 936 of 2014
In
SPECIAL CIVIL APPLICATION NO. 5914 of 2010
With
CIVIL APPLICATION (STAMP NUMBER) NO. 11306 of 2014
In
LETTERS PATENT APPEAL (STAMP NUMBER) NO. 936 of 2014
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STATE OF GUJARAT & 1....Applicant(s)
Versus
SHANKARBHAI GANESHBHAI CHAUDHARY & 1....Respondent(s)
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Appearance:
MR JAIMIN GANDHI, AGP for the Applicant(s) No. 1 - 2
MR KIRIT CHAUDHARI for the Opponent(s) No.1
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CORAM: HONOURABLE MR.JUSTICE AKIL KURESHI
and
HONOURABLE MR.JUSTICE VIPUL M. PANCHOLI
Date : 14/10/2014
ORAL ORDER
(PER : HONOURABLE MR.JUSTICE AKIL KURESHI) Learned AGP Shri Jaimin Gandhi for the applicants stated that in compliance of the order dated 1.10.2014, Shri D.S. Thakore, Head clerk, has remained present with a cheque of Page 1 of 3 C/CA/11244/2014 ORDER Rs.9,54,650/ dated 10.10.2014 drawn on the Bank of India, Himmatnagar branch. Such cheque be handed over to the counsel for respondent no.1 who receives the same for and on behalf of the opponent no.1.
This application is filed by the State authorities seeking condonation of delay of 526 days in filing the Letters Patent Appeal. Letters Patent Appeal is directed against the judgement of the Learned Single Judge setting aside the action of the employer school and that of the State Government in terminating the service of respondent no.1, a PT teacher, on the ground that due to his physical incapacity, he was unable to perform his duties. The Learned Single Judge directed payment of salary for the intervening period also.
In order to explain such gross delay, all that is stated in this application is that :
"2. The applicants have preferred the Letters Patent Appeal against the order dated 14.03.2013. The order dated 14/03/2013 was received on 28/05/2014. On 15/05/2013 the Commissioner was informed about the non acceptance of the order dated 14/03/2014 and further proceedings to file an appeal against the order dated 14/03/2014. On 24/04/2014 the representation was made to State Government to grant permission to file appeal against the order dated 14/03/2014. On 29/04/2014, the Legal Department granted permission to file appeal against the order dated 14/03/2013. The letter dated 29/04/2014 was received on 28/05/2014. Accordingly papers were forwarded to the office of the Government Pleader on 21/7/2014."
Such cryptic and general explanation would not permit us Page 2 of 3 C/CA/11244/2014 ORDER to ignore such inordinate delay of more than 500 days in filing the Letters Patent Appeal. In our opinion, the applicants have not explained the delay as required under the law. Merely stating few days here and there and citing administrative reason to explain such considerable delay, would not be sufficient for us to ignore such long delay. The judicial trend has been slowly changing and the delay, be that of the Government authority or of private litigants, when assumes larger proportion, call for more specific explanation.
In the result, Civil Application for condonation of delay is dismissed.
Consequently Letters Patent Appeal (Stamp) No.936/2014 as well as Civil Application (Stamp) No.11306/2014 stands dismissed.
(AKIL KURESHI, J.) (VIPUL M. PANCHOLI, J.) raghu Page 3 of 3