Orissa High Court
State Of Odisha And Another vs Akshaya Kumar Sahoo And on 24 January, 2025
IN THE HIGH COURT OF ORISSA AT CUTTACK
FAO No.801 of 2019
State of Odisha and Another .... Appellants
Mr. C.K. Pradhan, AGA
-versus-
Akshaya Kumar Sahoo and .... Respondents
another Mr. S. Jena, Advocate
for R-1
COROM:
JUSTICE BIRAJA PRASANNA SATAPATHY
ORDER
24.01.2025
I.A. No.1040 of 2019
Order No
04. 1. This matter is taken up through Hybrid Mode.
2. Heard learned counsel for the parties.
3. This application has been filed seeking
condonation of delay of more than 358 days in filing
the appeal.
4. In support of condonation of delay, stand taken in
Para-2, 3 and 5 of the interim applications reads as
follows:-
"2. That, the statutory provisions of Section 24-C of the
Orissa Education Act, 1969 requires for filing of Appeal
within 60 days from the date of passing of the judgment.
But in the present GIA case the learned Tribunal passed
the judgment dated 03.08.2018. The copy of the judgment
dtd. 03.08.2018 was communicated through the Secretary,
State Education Tribunal vide his letter No. 2473/SET dtd.
21.08.2018 which was received in the officer of the
Appellant No.1 on 25.08.2018. Thereafter, the Director,
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Higher Education was communicated with letter NO.
256257/HE dtd.05.09.2018 to submit appropriate
memorandum examining the eligibility of the Respondent
No.1. The Director, Higher Education thereafter called for
service records from the principal of the concerned college.
Such documents from the college concerned reached in the
officer of the Director, Higher Education after several
persuasions and correspondences. After verifying the
same submitted his memorandum vide his letter No.25138
dtd. 28.06.2019. The delay in submitting appropriate
memorandum by the Director, Higher Education is not
intentional nor deliberate but is bonafide in view of the
reason that the Director, Higher Education had to rely on
the records of the college concerned which he could be
eligible to get after a lapse of 8 months. The college
authorities had committed delay in sending appropriate
records to the Director, Higher Education for verifying the
eligibility of the Respondent No.1. Therefore, the
bonafideness of the delay in processing the matter at the
level of Director, Higher Education and at the level of
Appellant No.1 may be accepted.
3. Such memorandum of Director, Higher Education was
received in the Administrative Department on 01.07.2019.
The matter was examined in the Administrative Branch on
15.2019 and it was suggested to file FAO against the
orders dtd. 03.08.2018 passed in GIA Case No.
1033/2016. Thereafter, the file was again examined by
the Branch Officer on 02.08.2019 who submitted the file to
the Appellant No.1 (Commissioner-cum-Secretary) on
02.08.2019 suggesting to file FAO against the order dtd.
03.08.2018 passed in GIA Case No. 1033/2016. The
Appellant No.1 approved the proposal on 07.08.2018 and
thereafter, the Officer of the Advocate General was
requested vide Letter No. 16157/HE dtd. 13.08.2019 with
request to prepare and file FAO against the impugned
judgment.
5. That, the Ld. Addl. Govt. Advocate vide his Letter dtd.
22.08.2019 called for the officer well aware of the issue to
take up discussions in the matter for finalizing the FAO
grounds. Sri Suryanarayan Mohapatra, Deputy Secretary
was authorized for the purpose in the Administrative
Department who attended the Office chamber of the
concerned Addl. Govt. Advocate on 24.09.2019 and held
discussions for the purpose with the Ld. Addl. Govt.
Advocate on 24.09.2019 and as per discussions held, the
draft FAO was prepared by the Ld. Addl. Govt. Advocate
concerned in the Officer of the Advocate General, Odisha,
Cuttack on 24.09.2019. The draft FAO grounds were
verified and it was finalized on 24.09.2019. The finalized
FAO memorandum was filed on 25.09.2019 wherein a
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delay of 357 days occurred which is calculated excluding
the period of 60 days available u/s 24(C) of Orissa
Education Act, 1969 and the duration consumed by the
Tribunal to supply the certified copy of the impugned
judgment in filing an Appeal against the orders passed by
LD. State Education Tribunal."
4.1. It is contended that since the delay has been
properly explained, the delay in filing the appeal be
condoned.
5. Learned counsel appearing for Respondent No.1
on the other hand contended that delay has not been
properly explained and similar grounds taken for
condonation of delay in similar nature of appeal when
was not entertained by this Court with passing of
judgment on 20.01.2024 in FAO No.585 of 2019 and
FAO No.698 of 2018, the appellants herein being
aggrieved, approached the Hon'ble Apex Court by filing
Special Leave to Appeal (C) No(s).13269 of 2024 and
SLP (Civil) Diary No(s).34779 of 2024. Both the appeals
were dismissed vide order dated 02.07.2024 and
06.09.2024. (Copies of the orders produced in Court be
kept in record.)
5.1. It is contended that since in similar matters delay
was not condoned by this Court, so upheld by the
Hon'ble Apex Court, prayer made in the present interim
application to condone the delay is not entertainable.
6. Having heard learned counsel for the parties,
considering the submissions made and placing reliance
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on the judgment passed by this Court on 20.02.2024 in
FAO No.585 of 2024 and FAO No.698 of 2018 so
confirmed by the Hon'ble Apex Court in Special Leave
to Appeal (C) No(s).13269 of 2024 and SLP (Civil) Diary
No(s).34779 of 2024, this Court is not inclined to
condone the delay.
7. Accordingly, I.A. stands dismissed.
(Biraja Prasanna Satapathy)
Judge
01. Consequentially the appeal fails and dismissed.
(Biraja Prasanna Satapathy)
Judge
Basudev
Location: High Court of Orissa, Cuttack
