writing, that pressure
was being put on her for the misplaced file relating to inspection of ERC
Office, NCTE Bhubaneswar as well as the conduct ... made by the Petitioner
on 25.01.2017, which substantially pertained to this misplaced file and was
a result of direction to the Petitioner to report
parties, he was asked as to on which date, he got
misplaced file in his office and he has submitted that he got
misplaced ... which date the file was traced. Only one averment is made in the
application that the file was misplaced and it was traced
before this Hon'ble
Court has occurred as the case file was
misplaced in the office of the applicant.
That when the applicant came ... huge, it was
decided to file appeal and on the other
hand, it is stated that the file got
misplaced. It is respectfully submitted
that
appellant was misplacement of a file and there is no
allegation whatsoever that this file was either misplaced by the
appellant deliberately ... against the
appellant and what he was charged of was misplacement of a file,
important or sensitiveness of which was not mentioned in the
charge
misplacement of a file and no
motive was attached for such misplacement of file. In such a
situation to award the extreme punishment of dismissal ... misplacement of a file and there is
no allegation whatsoever that this file was either misplaced by the
appellant deliberately or for any collateral consideration
days had been caused in filing the present appeal and there is no delay caused by the appellant in filing the aforesaid appeal deliberately ... file was misplaced and when the same was found. Appellant has also not mentioned the name of persons, who have misplaced the file and later
account of the counsel or the clerk
who had misplaced the file as no affidavit of the clerk or counsel had
been filed. Further, there ... statement by 10th February,
2020. On 14th March, 2020, when the misplaced file and documents were
supposedly found, a further period of 33 days
delay in
filing of the present revision petition but same is not intentional. It was on
account of the file having been misplaced ... delay of _______ days in filing
the aforesaid petition which is not intentional but on account of the file
being misplaced in the office
explanation for this inordinate delay except the vague averment that the file was misplaced is forthcoming. Indeed, the learned counsel for the appellants ... returned for removing certain objections and thereafter the file was misplaced and the appeal could not be filed within the time allowed. The further contention
appeal. The plea taken was that Clerk of the counsel misplaced the file
-8
CM No.8256-C of 2010 in/and -
RSA No.2718 ... nothing has
been mentioned as to when Clerk of the counsel misplaced the file, when
he left the service and when the file was found
