Oral Order

6 th July 2023 

Per, Shree Chandrashekhar, J.

IA No.1763 of 2020

This Letters Patent Appeal has been filed with delay of 1496 days seeking condonation of which an application under section 5 of the Limitation Act has been filed.

2. In this Interlocutory Application, the appellant has stated that he was suffering from mental illness for a prolonged period and after recovery from his illness he approached his counsel for filing this Letters Patent Appeal. Along with this Interlocutory Application, the appellant has produced copies of the medical prescription of Dr. Ashok K. Prasad who is Neuro-Psychiatrist at Rajendra Institute of Medical Sciences.

3. These medical prescriptions indicate that the appellant was suffering from psychiatric depression and was prescribed few medicines.

4. Prima facie , we are satisfied with the cause shown by the appellant for condoning the delay of 1496 days.

5. Therefore, since the appellant has been dismissed from service we are inclined to condone the delay to provide an opportunity to the appellant to prosecute this Letters Patent Appeal on merits and, accordingly, IA No.1763 of 2020 is allowed.

6. The appellant who was appointed as constable in Di