Allahabad High Court
State Of U.P. Thru Secy. Minorities ... vs Nazim Ahmed ( S/S 6664/1999 ) on 21 January, 2010
Author: C.K.Prasad
Bench: Chandramauli Kumar Prasad, Yogendra Kumar Sangal
Chief Justice's Court Case :- SPECIAL APPEAL DEFECTIVE No. - 384 of 2008 Petitioner :- State Of U.P. Thru Secy. Minorities Welfare & Anr. Respondent :- Nazim Ahmed ( S/S 6664/1999 ) Petitioner Counsel :- Standing Counsel Respondent Counsel :- Devendra Mohan Shukla Hon'ble Chandramauli Kumar Prasad,Chief Justice Hon'ble Yogendra Kumar Sangal,J.
C.M.Application No. 53350 of 2008 This application has been filed for condoning the delay in filing the appeal. According to the Stamp Reporter, the appeal is barred by limitation by one month and six days.
Mr. Saurabh Lavani Standing Counsel appears on behalf of the appellants. Respondent is represented by Mr. G.C.Sinha. Various reasons, which prevented the appellants from filing the appeal within time, have been enumerated in the affidavit filed in support of the 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.
Order on Appeal Mr. Lavani appearing on behalf of the appellants submits that learned Single Judge totally misdirected himself by quashing the order of termination on the ground that its foundation is lodging of the First Information Report. He submits that writ petitioner-respondent procured appointment on the ground that he belongs to O.B.C. category and in support thereof he produced the certificate, which later , on verification has been cancelled. Mr. Sinha appearing on behalf of respondent, states that later on the matter was examined afresh and respondent has been found to be belonging to the O.B.C. category. He prays for time to place the said document on record. As prayed for, list it in the next cause list.
(C.K.Prasad,C.J.) (Y.K. Sangal,J.) Order Date :- 21.1.2010 Kaushal