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SUJIT NARAYAN PRASAD, SUBHASH CHAND
State of Jharkhand – Appellant
Versus
Vidywati Pathak W/o Shri Rajendra Pathak – Respondent
ORDER :
1. The instant intra-court appeal, under clause 10 of the Letters Patent, is directed against the order/judgment dated 29.07.2019 passed by learned Single Judge of this Court in W.P. (S) No. 2126 of 2010 by which the writ petition has been allowed by quashing the order dated 29.03.2010 passed by the District Superintendent of Education, Simdega whereby and whereunder the pay scale granted to the petitioner in Graduate Trained Pay Scale on 01.01.1996 has been cancelled and order for recovery of excess amount has been made.
I.A. No. 415 of 2021
2. The instant appeal is admittedly barred by limitation since there is delay of 391 days in preferring the appeal, therefore, an application being I.A. No. 415 of 2021 has been filed for condoning such delay.
3. This Court, after taking into consideration the fact that the instant intra-court appeal has been field after inordinate delay of 391 days, deems it fit and proper, to first consider the delay condonation application before going into the legality and propriety of the impugned order on merit
4. Learned counsel for the applicant-petitioner has submitted that delay in preferring the appeal may be condoned by allowing the Interlocutor
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 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....
Limitation – Merely because sufficient cause has been made out in facts of a given case, there is no right to appellant to have delay condoned.
The judgment emphasizes the importance of demonstrating a bona fide motive and sufficient cause for delay condonation, highlighting that the law of limitation must be applied with all its rigour when....
The judgment emphasizes the requirement of sufficient cause for condoning delay, as per Section 5 of the Limitation Act, 1963, and established legal principles from relevant judgments.
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