Court No. - 2 Case :- SPECIAL APPEAL DEFECTIVE No. - 627 of 2003 Petitioner :- Dy. Inspector General (Establishment) Alld. & Another Respondent :- Narendra Kumar Pandey & Others Petitioner Counsel :- S.C. Respondent Counsel :- Surendra Kumar Mishra Hon'ble Ashok Bhushan,J.
Hon’ble Virendra Singh,J.
Civil Misc. Delay Condonation Application No.204587 of 2003.
Heard learned Standing Counsel and Shri S.K. Mishra for the respondents.
This is an application for Condonation of Delay of 318 days in filing this
Special Appeal. In support of the Delay Condonation Application, an affidavit
has been filed by B.P. Mishra, posted as Deputy S.P. Legal Cell, U.P. Police
Head Quarters, Allahabad. It has been stated in the affidavit that after
receiving the copy of the judgment dated 28/11/2002, on 26/12/2002, matter
was placed before the D.I.G. (Establishment) and thereafter Legal Advisor on
08/1/2003 sought certain comments on 20/1/2003, and sought certain
informations which were furnished, thereafter the decision was taken to file
Special Appeal against the judgment and order dated 28/11/2002, on
24/9/2003. Thereafter, the matter was placed before the D.I.G.
(Establishment) and the letter was written on 03/10/2003 to the Special
Secretary, Home, U.P. for seeking permission for filing Special Appeal.
Permission was received in the office of Police Head Quarters, Allahabad on
24/10/2003. Thereafter, the Special Apeal was prepared and filed on
10/11/2003.
Counter affidavit to the Delay Condonation Application has been filed stating
that the D.I.G. of Police Bahraich Range Bahraich has no relevancy in the
matter. It is submitted that sufficient ground has not been given for
condonation of delay.
After hearing the learned counsel for the parties and perusing the records, we
are satisfied that sufficient cause has been given in the affidavit for
condonation of delay.
Delay Condonation Application is allowed.
List the appeal in the next cause list.
Order Date :- 19.7.2010
SB