THE HON'BLE THE CHIEF JUSTICE SATISH CHANDRA SHARMA
AND
THE HON'BLE SRI JUSTICE N. TUKARAMJI
I.A.No.1 of 2021
AND
WRIT APPEAL No.362 of 2021
COMMON JUDGMENT: (Per the Hon'ble the Chief Justice Satish Chandra Sharma)
The present writ appeal is arising out of order dated
09.08.2019 passed in W.P.No.15615 of 2018 by the learned
Single Judge.
I.A.No.1 of 2021 is filed for condonation of delay of 588
days in filing the present writ appeal.
The subject matter of the case reflects that the
respondent/employee was subjected to disciplinary
proceedings and a punishment of censure was inflicted on 11.07.2014. However, the period during which he was under suspension was not treated as period spent on duty. He has preferred a writ petition and the learned Single Judge has allowed the writ petition directing the employer to treat the period as period spent on duty.
The writ appeal is barred by limitation and there is delay of 588 days in filing the present writ appeal. The reason assigned is that the judgment was delivered on 09.08.2019 and it has been stated that on account of COVID- 19 the office has not received the certified copy. It has also been stated that the employer will be put to irreparable hardship. The appellant has not explained the day-to-day 2 delay in filing the appeal. Even during COVID-19 pandemic, the certified coping section of the High Court was not shut down completely, at least not for 588 days. As day-to-day delay has not been explained, except making a bald statement that due to COVID-19 pandemic certified copy was not obtained, this Court does not find any reason to condone the delay.
Accordingly, I.A.No.1 of 2021 is dismissed. As a consequence, the writ appeal also stands dismissed.
Miscellaneous petitions, if any, shall stand closed. There shall be no order as to costs.
__________________________________ SATISH CHANDRA SHARMA, CJ ______________________________ N. TUKARAMJI, J 01.12.2021 ES