Citation : 2025 Latest Caselaw 6434 Tel
Judgement Date : 12 November, 2025
THE HON'BLE THE CHIEF JUSTICE SRI APARESH KUMAR SINGH
AND
THE HON'BLE SRI JUSTICE G.M.MOHIUDDIN
I.A.No.1 of 2025
in/and
WRIT APPEAL No.1232 of 2025
JUDGMENT:
Learned counsel Sri M.Mehdi Hussain appears for
the appellant.
Sri A.Chandra Shaker, learned Standing Counsel for
Northern Power Distribution Company of Telangana
Limited, appears for the respondents.
2. We have heard the learned counsel for the parties on
the prayer for condonation of delay of 1204 days in
preferring this appeal against the impugned judgment
dated 17.06.2022 passed in W.P.No.4226 of 2004.
3. The appellant has taken the plea of death of his
mother on 20.06.2023 and other works and also medical
ground of he being the heart patient. He has undergone
clinical test of CT Coronary Angiogram on 21.04.2025 and
advised rest. When he recovered, he filed this appeal with
a delay of 1204 days, which is neither wilful nor
unexplained.
4. Learned counsel for the appellant submits that the
appellant was aggrieved to prefer the writ petition by the
part of the order of the respondents whereby his
suspension period was treated as dies non, though the
penalty of withholding of three increments with cumulative
effect was imposed. The appellant retired on 20.06.2003.
Immediately thereafter, the appellant preferred the writ
petition in the year 2004, which stood decided in June,
2022. On the appellant's representation, vide memo dated
09.06.2023, the period of suspension has been treated as
"on duty" instead of "dies-non". The respondent No.1 -
Chairman and Managing Director, also gave instructions to
pay the salary and allowances to the appellant for the
period from 01.07.2002 to 07.05.2003 duly adjusting the
subsistence allowance already paid to him for the above
period. The consequential benefits, if any, arose out of
treating the period of suspension as on duty have also been
ordered to be paid. Learned counsel for the appellant
submits that the delay may be condoned. The appellant
may be allowed to make a representation for
reconsideration of his penalty.
5. Learned Standing Counsel for the respondents
opposed the prayer.
6. Upon hearing the learned counsel for the parties and
upon consideration of the grounds urged, we are not
satisfied that sufficient cause has been shown for
explaining the delay of 1204 days in preferring the instant
appeal. Therefore, we are not inclined to entertain the
appeal on the grounds of delay.
7. The interlocutory application is, therefore, dismissed.
Consequently, the appeal is also dismissed.
______________________________________ APARESH KUMAR SINGH, CJ
______________________________________ G.M.MOHIUDDIN, J 12.11.2025 vs
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