State Of Uttarakhand vs Dinesh Singh Rawat
2014 Latest Caselaw 2410 Del

SPLA 126/2013
With
GA 70/2013
With
Delay Condn. Appln. No.1325/2013
Hon'ble Servesh Kumar Gupta, J.

Mr. K.S. Rawal, Brief Holder for the State/applicant/appellant.

Mr. Lokendra Dobhal, Advocate for the respondent. Having heard the learned counsel for the parties nay perusal of the grounds, as stated in the affidavit, justifying the delay of 109 days, the Court feels that virtually no substantial ground is made out explaining such delay.

Nothing has been disclosed as to when the D.G.C. (Cri.) obtained certified copy of the impugned judgment and when he sent it to the District Magistrate, Tehri Garhwal with the proposal of appeal. Further, it has not been mentioned as to when the District Magistrate referred the matter to the Law Department. However, it has been stated that on 29.5.2013, the sanction letter was received by the District Collector for preferring the appeal but even then, that sanction letter remained lain in the office of District Magistrate for more than three months.

The above laches, on the part of the Government, cannot be condoned only for the reason that the same are by the State.

So in view of the above, the delay condonation application is rejected. Consequentially, the leave to appeal application as well as the Appeal, stand dismissed.

(Servesh Kumar Gupta, J.) 12.05.2014 Rdang