Anil Kumar Sharma vs State Of Haryana And Others
2022 Latest Caselaw 7203 P&H

       IN THE HIGH COURT OF PUNJAB AND HARYANA
                    AT CHANDIGARH

                                                 LPA-1222-2021 ( O&M )
                                             Date of decision : 19.07.2022

Anil Kumar Sharma                                  ....Applicant/Appellant
                                  Versus

State of Haryana and others                                ....Respondents

CORAM: HON'BLE MR. JUSTICE RAVI SHANKER JHA, CHIEF JUSTICE HON'BLE MR. JUSTICE ARUN PALLI

Present: Mr. Sushil Bhardwaj, Advocate, for the applicant/appellant.

RAVI SHANKER JHA, CHIEF JUSTICE ( Oral )

This is an appeal filed by the applicant/appellant being aggrieved by order and judgment dated 21.11.2016 passed by the learned Single Bench, whereby the writ petition (CWP-3683-2014) filed by the applicant/appellant has been dismissed.

Alongwith the appeal, the applicant/appellant has filed CM-2864-LPA-2021 for condoning delay of 1612 days in filing the appeal against an impugned order and judgment. The only ground taken in the application is that initially the applicant/appellant had filed an LPA with a delay of 47 days. However, it was returned by the Registry on a few occasions and re-filed. But as certain objections were still not removed, it was last returned on 03.06.2017.

Concededly, there is no averment in the application as to what did the applicant/appellant do after return of the said LPA nor is there any averment in the application that after removing the defects/objections, the said LPA was re-presented or re-filed by the applicant/appellant. However, it is stated that the applicant/appellant then filed a fresh appeal on 22.03.2021 with a delay of 1612 days. There is also no averment or explanation in the application as to why the applicant/appellant did not take immediate steps after the previous appeal was returned on 03.06.2017, till the filing of the present appeal i.e. 22.03.2021. Apart from the said excuse and reason mentioned in the application, no other explanation is rendered.

Apart from the above, it is further noticed that vide the impugned order, the learned Single Bench has rejected the claim of the

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LPA-1222-2021 ( O&M ) -2-

applicant/appellant for appointment to the post of Nursing Sister on the ground that he was found to be medically unfit after extensive medical examination conducted by a Board of Doctors, who submitted the report dated 17.06.2013 (Annexure P-3). The learned Single Bench, on the analysis of the documents on record, has held that there is no reason to doubt the veracity and correctness of the report dated 17.06.2013 submitted by the Board of Doctors, holding the applicant/appellant to be medically unfit for appointment. Nothing was placed on record by the applicant/appellant to establish anything to the contrary.

In these circumstances, we do not find the present case to be a fit case for condoning the gross, inordinate and unexplained delay of 1612 days. Thus, no cause, least a sufficient cause, is made out to condone the delay in filing the appeal. CM-2864-LPA-2021 is, accordingly, dismissed. As a consequence thereof, the appeal also stands dismissed.

( RAVI SHANKER JHA ) CHIEF JUSTICE

( ARUN PALLI ) JUDGE July 19, 2022 ndj

Whether speaking/reasoned Yes/No Whether reportable Yes/No

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