High CourtsDivision Bench(2023) 09 UK CK 0066

State Of Uttarakhand & Others vs Head Constable Jagatram Bhatt

Uttarakhand High Court · Decided on 18 September 2023

HON’BLE JUDGES
Vipin Sanghi, CJ · Rakesh Thapliyal, J
RESULT
Dismissed
CASE NUMBER
Special Appeal No. 975, 550, 973, 978, 979, 980, 981, 1016, 1017, 1023, 1046 Of 2018, 30 Of 2019

CourtKutchehry membership

More clarity. Every judgment.

Download court copies, explore connected cases and make more of every research session.

Loading membership options…

Ask AI about this case

AI Structured Summary

Not yet generated for this judgment

Judgment

9 paragraphs · 240 words

Vipin Sanghi, CJ

1.

These appeals have been preferred by the State of Uttarakhand against the common order passed by the learned Single Judge in a batch of writ petitions, including Writ Petition (S/S) No.1283 of 2016, dated 20.04.2017. The special appeals have been preferred with the delay of 558 days.

2.

The affidavit filed by the appellants to explain the delay has been perused. The same shows that the delay is occasioned on ground of the fact that, initially, the appellants decided to accept the judgment of the learned Single Judge, and only, subsequently, the decision was taken to challenge the same.

3.

We are not satisfied with the explanation furnished by the appellants to explain the said delay. Mere exchange of correspondence within the Government Departments and Offices cannot be a reason to condone the delay. No sufficient cause has been disclosed to justify the substantial delay in the filing of these appeals.

4.

We are, therefore, inclined to dismiss these special appeals as being barred by limitation.

5.

That apart, the appellants have been granted the liberty to proceed in the matter of reduction of pay of the respondent(s)- writ petitioner(s), after compliance of the principles of natural justice, which had not been done earlier.

6.

On merits as well, we do not find any justification to interfere with the impugned order.

7.

The appeals are, accordingly, dismissed.

8.

Pending application, if any, also stands disposed of.