Mohd Mustafa vs The Depot Manager
2022 Latest Caselaw 330 Tel

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

            I.A.No.1 of 2022 In/And WRIT APPEAL No.44 OF 2022

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

        I.A.No.1 of 2022 is an application to condone the delay of

2117 days in filing the writ appeal.

        The present writ appeal is arising out of the order dated

11.02.2016

passed by the learned Single Judge in W.P.No.12491 of

2010.

The undisputed facts of the case reveal that the appellant

before this Court was subjected to disciplinary proceedings and an

order was passed dismissing him from service on 02.05.2009.

Thereafter, the appellant/employee took the shelter of the

Industrial Tribunal by filing I.D.No.97 of 2009 and the Industrial

Tribunal passed an award on 18.11.2009 confirming the order of

dismissal. The appellant has filed a writ petition i.e.,

W.P.No.12491 of 2010 and the learned Single Judge has passed an

order on 11.02.2016 allowing the writ petition partly and directing

reinstatement of the appellant/employee as a fresh candidate,

meaning thereby in the year 2016, an order of reinstatement was

passed and the appellant/employee was reinstated. However, only

in the year 2022, the present writ appeal is being preferred

challenging the order passed by the learned Single Judge and

claiming reinstatement with continuity of service and other

consequential benefits. It has been stated that the

appellant/employee has instructed the counsel on record to file an

appeal, however, no such appeal had been filed and later on, the

learned counsel has expired.

In the considered opinion of this Court, the

appellant/employee was well aware of the order passed by this

Court in the year 2016, as he was eventually reinstated in service.

There is a delay of 2117 days in filing the writ appeal and the day-

to-day explanation has not been furnished in the application for

condonation of delay. Therefore, this Court does not find any

reason to condone the delay.

Resultantly, I.A.No.1 of 2022 is dismissed. Consequently,

the writ appeal stands rejected.

Pending miscellaneous applications, if any, shall stand

closed. There shall be no order as to costs.

________________________ SATISH CHANDRA SHARMA, CJ

_______________________ ABHINAND KUMAR SHAVILI, J

31.01.2022 JSU