Court No. - 29
Case :- SPECIAL APPEAL DEFECTIVE No. - 443 of 2021
Appellant :- Rama Shankar Shastri
Respondent :- State Of U.P. And 6 Others Counsel for Appellant :- Lavlesh Kumar Shukla Counsel for Respondent :- C.S.C.
Hon'ble Munishwar Nath Bhandari,Acting Chief Justice Hon'ble Jayant Banerji,J.
Civil Misc. Exemption Application No. 1 of 2021 The application seeking exemption from filing the certified copy of the order of the High Court is allowed.
The defect stands cured.
Civil Misc. Delay Condonation Application No. Nil of 2021 Heard on the application under Section 5 of the Limitation Act. There is a delay of 1024 days in filing the appeal.
The affidavit in support of the application shows that after the judgment dated 14th August, 2018 information about it was received by the appellant on 4th September, 2018. As per the advise of the counsel, appellant made a representation to the Joint Director of Education to get the salary. When no order was passed, he visited counsel Sri B.P. Singh in the first week of November, 2019 and given the entire papers but instead of filing the special appeal a contempt petition was filed, which is still pending.
The aforesaid shows to be a justification of delay till November, 2019 as nothing has been stated about the delay subsequent to filing the contempt and advised for appeal. The period from March 2020 till February 2021 shown to be towards COVID-19 without realising that not only Courts were working physically but there was a period intervening when there was no lock- down. The period between March 2020 to February 2021 cannot be explained in light of the COVID-19 without explaining the intervening period when there was no lock-down rather physical working of this Court. It was also that even no justification from the month of September, 2018 onwards because when the appellant had given papers for filing the appeal then the appellant could not have kept silence or slept over the matter.
In view of the above, we find no justification to condone the delay of more than three years. The application is accordingly dismissed and as a result of which appeal also stands dismissed.
Order Date :- 30.7.2021 VMA
(Jayant Banerji, J.) (Munishwar Nath Bhandari, A.C.J.)