State Of Telangana vs K. Venkatesham
2021 Latest Caselaw 4064 Tel

  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

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