Punjab-Haryana High Court
The State Of Haryana And Another vs Vinod Kumar And Others on 7 January, 2013
Bench: A.K. Sikri, Rakesh Kumar Jain
LPA No. 07 of 2013 (O&M) -1-
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
LPA No. 07 of 2013 (O&M)
Date of Decision : 07.01.2013
The State of Haryana and another
...Appellants
Versus
Vinod Kumar and others
...Respondents
CORAM: HON'BLE MR. JUSTICE A.K. SIKRI, CHIEF JUSTICE
HON'BLE MR. JUSTICE RAKESH KUMAR JAIN
Present: Mr. Kulvir Narwal, Additional Advocate General, Haryana,
for the appellants.
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A.K. SIKRI, C.J. (ORAL)
There is a delay of 243 days in filing the appeal. Judgement of the learned Single Judge is dated 27.03.2012. As per the averments made, it was received in the office of the Director, School Education, Haryana on 08.05.2012. Limitation for filing the appeal is 30 days. However, the matter was sent seeking opinion of the Advocate General only on 26.06.2012 i.e. 50 days after the receipt of the copy of the judgement. Even the Advocate General gave the opinion for filing the appeal on 30.07.2012. After receipt of this opinion also 4 ½ months have been taken in filing the appeal. It is not understood that when the limitation for filing the appeal is 30 days, how in such a casual manner, the office could proceed to file the appeal. There is no proper and justified explanation furnished seeking condonation of delay.
LPA No. 07 of 2013 (O&M) -2-
2. We are, therefore, constrained to dismiss the application for condonation of delay. As a consequence, the appeal is also dismissed.
(A.K. SIKRI) CHIEF JUSTICE (RAKESH KUMAR JAIN) JUDGE 07.01.2013 Amodh