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2015 DIGILAW 461 (MAD)

Deputy Inspector General of Police, Thanjavur Range, Thanjavur v. K. Nagarajan

2015-01-28

M.VENUGOPAL, SATISH K.AGNIHOTRI

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Judgment Satish K. Agnihotri, J. 1. This is a petition filed under Section 5 of the Limitation Act to condone the delay of 1138 days in filing the writ appeal against the order dated 05.03.2010 passed by the learned Single Judge in W.P.No.25810 of 2009. 2. The writ court passed an order on 05.03.2010 on the writ petition filed by the respondent herein directing the petitioners herein to promote the respondent, if he was otherwise qualified and eligible for such promotion as the imposition of minor penalty is not a legal bar for promotion. 3. The instant application has been filed on the following ground : The copy of the order was received by the petitioners on 07.04.2010. Thereafter, the matter was forwarded to the learned Government Pleader seeking an opinion for filing the writ appeal. After getting the opinion, they filed the present writ appeal with an application for condonation of delay of 1138 days. 4. The petitioners have not indicated at any stage, as to whether the order has been complied with or whether a right has accrued in favour of the respondent and further whether any illegality would perpetuate if the delay is not condoned and the matter is not heard on merit. The petitioners have also not established that the delay was bona fide. Thus, we are not satisfied with the reasons stated by the petitioner as sufficient and justifiable. 5. The Supreme Court in Esha Bhattacharjee Vs. Managing Committee of Raghunathpur Nafar Academy and others has observed that if there is an inordinate delay, strict approach for condonation of delay has to be followed. 6. In view of the foregoings, the application for condonation of delay is rejected. However, we make it clear that the rejection of this application may not be cited as a precedent on the question of law to be decided in the appropriate case. Consequently, the writ appeal is rejected at the SR stage itself.