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2016 DIGILAW 604 (ALL)

Kailash Chandra Singh v. Union of India

2016-02-19

D.Y.CHANDRACHUD, YASHWANT VARMA

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JUDGMENT The appellant filed a writ petition under Article 226 for a direction to the respondents to promote him on the post of Assistant with consequential benefits. 2. The affidavit in support of the writ petition was deposed to by the appellant himself. However, in paragraph 1 of the affidavit, it was stated that the deponent is the son of the sole petitioner. Noting this error, the learned Single Judge dismissed the writ petition. 3. In our view, the error in paragraph 1 of the affidavit was obviously inadvertent and the appropriate course of action would have been to permit the appellant to file a fresh affidavit in support of the writ petition. The dismissal of the writ petition was not appropriate. 4. Accordingly, we allow the special appeal and set aside the impugned judgment and order of the learned Single Judge dated 7 April 2015. Writ - A No.18373 of 2015 is accordingly restored to the file of the learned Single Judge. However, we record the undertaking of the appellant that a fresh and substituted affidavit shall be filed within a period of two weeks from the receipt of a certified copy of this order. In the event that the appellant fails to file a fresh affidavit, as directed above, he will lose this opportunity and the petition shall automatically stand dismissed in that eventuality. 5. The appeal is accordingly disposed of. There shall be no order as to costs. Civil Misc. Delay Condonation Application No.41005 of 2016 In re : Kailash Chandra Singh Vs Union of India And 2 Ors. Special Appeal Defective No. - 142 of 2016 19.2.2016 For the Petitioner : Pradeep Kumar Srivastava,Abhishek Kumar Srivastava. For the Respondent : A.S.G.I. Dr. Dhananjaya Yeshwant Chandrachud,CJ. Yashwant Varma, J. This application seeks condonation of delay of 273 days in filing the special appeal. Since the delay has satisfactorily been explained in the affidavit filed in support of the delay condonation application, the delay in filing the appeal is condoned. The application is, accordingly, disposed of. There shall be no order as to costs.