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2018 Supreme(Jhk) 826

ANIRUDDHA BOSE, H.C. MISHRA
Union of India through the Secretary, Ministry of Home Affairs, New Delhi – Appellant
Versus
Oshihar Prasad – Respondent


Advocates Appeared:
For the Appellant : Mr. Rajiv Sinha.
For the Respondents: Mr. Saurabh Shekhar, Mr. Rishi Raj Verma.

ORDER :

I.A No. 2462 of 2018

1. Leave is given to the appellant to correct the application for condonation of delay by giving the actual number of days by which the appeal is beyond prescribed time. There is delay of 162 days, but as per learned counsel for the appellant, it has been wrongly indicated in the application for condonation of delay, such delay is for 102 days.

2. We treat the application for condonation of delay as one in which prayer is made for condonation of delay of 162 days.

3. Upon going through the application, we are satisfied that the appellant was prevented by sufficient cause in preferring the appeal within prescribed time.

4. We, accordingly, condone the delay in preferring the appeal.

I.A No. 2462 of 2018 accordingly, stands disposed of.

L.P.A. No. 136 of 2018 with I.A. No. 2463 of 2018

5. Heard learned A.S.G.I. for the appellant Union of India and learned counsel for the private respondent.

6. The private respondent is working as Assistant Commandant in Border Security Force, and he had approached this Court by filing a writ petition, registered as W.P. (S) No. 6315 of 2010, claiming promotion to the higher post of Deputy Commandant. This was denied to the writ pe















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