P.R.Mali, vs The Inspector General Of Police
2022 Latest Caselaw 565 Tel

  THE HON'BLE THE CHIEF JUSTICE SATISH CHANDRA SHARMA
                                 AND
     THE HON'BLE SRI JUSTICE ABHINAND KUMAR SHAVILI


                       I.A.No.1 of 2019
                             AND
                 WRIT APPEAL No.824 of 2019

COMMON JUDGMENT:       (Per the Hon'ble the Chief Justice Satish Chandra Sharma)




     The present writ appeal is arising out of order dated

18.10.2011

passed in W.P.No.2742 of 2000 by which the

learned Single Judge has not interfered with the order of

termination of the services of the writ petitioner dated

25.09.1997.

It was a case where the writ petitioner was absented for

54 days without any permission and the learned Single Judge

has dismissed the writ petition. Against the said order, the

present writ appeal has been preferred with delay. As per the

affidavit filed in support of the delay application, the delay is

3260 days. However, on scrutiny, the office has stated the

delay to be 2896 days only. The reason assigned for

condonation of delay is that the writ petitioner is residing in

Rajasthan and he was not aware of the order passed by this

Court. When he came to know about the order in the month

of August, 2019, he immediately rushed to this Court.

In the considered opinion of this Court, the writ

petitioner should have enquired from his counsel in time

about the status of the case and as day to day delay has not

been explained except for making a bald statement that he

was residing in Rajasthan, this Court does not find any

reason to condone the delay.

Resultantly, I.A.No.1 of 2019 is dismissed and

consequently writ appeal fails and is accordingly rejected.

Miscellaneous petitions, if any, shall stand closed.

There shall be no order as to costs.

__________________________________ SATISH CHANDRA SHARMA, CJ

______________________________ ABHINAND KUMAR SHAVILI, J 10.02.2022 ES