A further affidavit-in-reply dated 24.02.2012 is tendered by Mr.Sharma, learned Assistant Government Pleader, which is affirmed by the Deputy Secretary, Finance Department, explaining that because of administrative reasons the State could not file Letters Patent Appeal till date.
Earlier vide order dated 08.02.2012 this Court had specifically made it clear that if no prohibitory order is passed by the next date, the concerned Secretary shall file affidavit explaining the reasons why the directions issued in order dated 27.12.2011 are not complied with. This court has noted that instead of filing affidavit tendering explanation, as per order dated 08.02.2012, the affidavit is filed only stating that as the Legal Department has issued instructions late to undertake a process to file Letters Patent Appeal, the delay has occurred.
It appears from the affidavit tendered today that the affidavit is filed by Deputy Secretary and not Secretary seeking unconditional apology, which was not called for by the court. As these facts were necessary to be noted, the present order is passed in view of the earlier order dated 08.02.2012. S.O. to 16.03.2012.
Sd/-
[R.M.CHHAYA, J ] *** Bhavesh* Top