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SUJIT NARAYAN PRASAD, NAVNEET KUMAR
Jharkhand Public Service Commission – Appellant
Versus
Md. Mokhtar Ansari (Dead) – Respondent
ORDER :
1. The instant intra-court appeal, preferred under Clause 10 of the Letters Patent is directed against the order dated 26.08.2019, passed by learned Single Judge in WP(S) No. 4053 of 2014, by which, the petitioner now dead, was appointed on the post of Routine Clerk on the basis of absorption made through Commission vide order dated 09.01.2014 has been cancelled and the writ petitioner (now dead) was allowed to work as Routine Clerk on contract basis on a fixed amount of Rs.16,188/-.
2. Brief facts of the case as per the pleadings made in the writ proceeding, which are required to be enumerated herein, read as under:
3. The writ petitioner being aggrieved thereof has approached this court by filing this writ petition and the learned single judge on consideration of the fact that the Commission on its own wisdom absorbed the writ petitioner but cancelled such absorption without following the principle of natural justice and therefore vide order dated 26.08.2019, the aforesaid order has bee
The main legal point established in the judgment is the requirement for a sufficient cause to condone delay in filing appeals, emphasizing the importance of bona fide motive, inaction, and negligence....
The principle that the law of limitation must be strictly applied, and that any request for condonation of delay must be supported by a sufficient and reasonable explanation, which was not met in thi....
The main legal point established in the judgment is that lack of bona fides and gross inaction and negligence are vital factors to be considered while condoning the delay. The court emphasized the im....
The judgment emphasizes the importance of demonstrating sufficient cause and bona fide motive in delay condonation applications, highlighting the impact of inaction and negligence on the rights of th....
The law of limitation must be strictly adhered to, and a party seeking condonation of delay must provide a satisfactory explanation that demonstrates diligence and bona fides; otherwise, the delay wi....
The principle that the law of limitation must be strictly adhered to, and that a party seeking condonation of delay must provide a satisfactory explanation that demonstrates diligence and bona fides.
The court ruled that an inordinate delay in filing an appeal requires a sufficient explanation, and negligence or lack of bona fides can lead to dismissal of the application for condonation.
The court emphasized that sufficient cause must be shown for condoning delay in filing appeals, and mere claims without evidence are insufficient.
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