JUDGMENT :

Order on C.M.Application No.1 of 2022 (Application for Condonation of Delay).

1. Having regard the facts stated in the affidavit filed in support of the application seeking condonation of delay, we are satisfied that delay in filing the appeal has sufficiently been explained.

2. Accordingly, the application is allowed. The delay in filing the appeal is hereby condoned.

3. Order on Appeal.

4. By means of this special appeal under Chapter VIII Rule 5 of Allahabad High Court Rules, 1952, the appellants have challenged the order dated 05.09.2022 passed by the Writ Court in Writ-A No. 19922 of 2017 (Harikesh Mani Tripathi vs. State of U.P. & Others).

5. The brief facts of the case, which are required for disposal of this appeal, are that the petitioner-respondent/Harikesh Mani Tripathi was posted as Constable in PAC, 35th Battalion and he remained absent from duty w.e.f. 18.07.2003 to 25.09.2003 i.e. for about 69 days without their being any sanctioned leave in this regard, for which, he was charge sheeted on 29.08.2003 with the allegation that he had committed misconduct on account of absence without sanctioned leave. The charge-sheet was issued under Rule 14(1) of Uttar Pradesh P