Hon'ble S.C. Agarwal,J.
Heard learned counsel for the parties on the Delay Condonation Application No. 14714 of 2009.
The appeal has been preferred beyond time by 46 days, which has been sufficiently explained in the affidavit filed in support of the application seeking condonation of delay. The application is allowed and the delay is condoned. The appeal be now treated as having been filed within limitation.
We have heard Sri Samir Sharma learned counsel appearing for the appellant and Sri Manu Khare appearing for the respondent employee and have perused the judgment and order dated 5.11.2008 passed by the learned single Judge giving rise to the present appeal. We have also gone through the enquiry report filed as Annexure 5 to the writ petition filed as Annexure 1 to the memo of appeal.
Taking into consideration the report of the Enquiry Officer, we are of the considered opinion that the order passed by the learned single Judge does not require any interference in the present appeal. We are, however, not expressing any opinion on the merits of the case, as it may prejudice either parties in the hearing of the writ petition, which is still pending.
The special appeal is, therefore, dismissed.
Order Date :- 5.1.2010 AM/-