Alok Kumar Tripathi vs Union Of India And 3 Others
2022 Latest Caselaw 20301 ALL

Citation : 2022 Latest Caselaw 20301 ALL
Judgement Date : 7 December, 2022

Allahabad High Court

Alok Kumar Tripathi vs Union Of India And 3 Others on 7 December, 2022

Bench: Manoj Misra, Vikas Budhwar




HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 29
 

 
Case :- SPECIAL APPEAL DEFECTIVE No. - 583 of 2022
 

 
Appellant :- Alok Kumar Tripathi
 
Respondent :- Union Of India And 3 Others
 
Counsel for Appellant :- Prabhat Kumar Singh,Akhilendra Singh
 
Counsel for Respondent :- A.S.G.I.,Ved Mani Tiwari
 

 
Hon'ble Manoj Misra,J.

Hon'ble Vikas Budhwar,J.

Heard learned counsel for the appellant; and Sri Ved Mani Tiwari for the respondents.

In Re:- Delay Condonation Application No.1 of 2022

By this application, condonation of 55 days delay in filing the intra court appeal is sought.

Considering the explanation offered in the affidavit filed in support of the delay condonation application, we deem it appropriate to condone the delay.

The delay condonation application is allowed. The delay in filing the appeal is condoned.

Office shall assign a regular number to the appeal.

Order on Appeal

This intra court appeal is against the judgment and order of the learned Single Judge, dated 01.09.2022, in Writ-A No.13032 of 2022 by which the writ petition of the appellant has been dismissed on the ground of laches as the order impugned in the writ petition was challenged after five years.

Learned Single Judge noticed the explanation offered in respect of the delay, which was, that the writ petitioner was implicated in a criminal case in connection with which he was arrested on 02.02.2017 and was released on bail on 19.04.2018; and thereafter he went through mental trauma. The aforesaid explanation was not found satisfactory as the writ petitioner was released on bail on 19.04.2018 yet, he did not make any effort to file a writ petition.

From the record it appears that the petitioner was found absent from duties without being on leave and therefore, being part of a disciplined force, was dismissed therefrom.

Considering that there is an inordinate and unexplained delay of over four years in filing the petition, we do not find a good reason to interfere with the order of the learned Single Judge. The appeal is dismissed.

Order Date :- 7.12.2022

AKShukla/-