Delhi Energy Development Agency v. Hari Chand & Ors

G.S.SISTANI, J AUGUST 10, 2018/SU SANGIT IN SEHGAL, J Page Oof 6

£ $-8 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Judgment: lO"" August, 2018 + LPA 410/2017, CM APPLN. No. 21094/2017 (Delay of 255 days) DELHI ENERGY DEVELOPMENT AGENCY Appellant Through: M Kush Sharma, Adv versus HARJ CHAND & ORS. Respondents Through: Ms Pratishtha Vij, Adv for R-1 CORAM: HON'BLE MR. JUSTICE G.S.SISTANI HON'BLE MS. JUSTICE SANGITA DHINGRA SEHGAL G.S.SISTANL J. (ORAL) 1. Aggrieved by the order dated; 08,08;^^ by a learned Single Judge by which the apphcation seeking restdration of the writ petition was dismissed on the ground of delay of almost 26 months has led to the filing of the present appeal. Along with the appeal an application has been filed seeking condonation of 255 days delay in filing the appeal. 2. Learned counsel for the appellant submits that after the impugned \ order dated 08.08.2016 was passed, the counsel for the appellant had informed the department/Delhi Energy Development Agency. Thereafter on 20.08.2016, he had received instructions to prepare the appeal. The appeal was prepared on 30.08.2016 and sent to the department for fmalization. However, the appeal was returned on 05.09.2016 and given to the clerk on 07.09.2016 for filing the same in the Registry. Regular inquiries were made from the clerk as to the status of the appeal, however, the clerk assured that the same had been filed. It is further stated that on 22.10.2016, the clerk left the office and another clerk was appointed on 01.11.2016, Who on 03.11.2016, informed the counsel that no such LPA has been filed in the Registry. Thereafter another copy of the appeal was printed from the office and sent to the department for signatures on 22.11.2016. The signed copy of the appeal was received on 24.11.2016. By the time the signed copy of the appeal was received, the office was flooded with heavy seepage due to which various files including the file of thp present LPA was destroyed. The counsel shifted to a new address in Aipnl72Q17. :: A another print out of the appeal was obtained on 22.04.201% to the department for signatures, which was then received on 05,05.2017 and the appeal was filed on 20.05.2017. ^ 7 3. This application has been veherhehft^^^^^^^^ by learned counsel for the respondent No.l, who submits tliafresp^^ No.l is a poor worker and has been deprived of his salary -for 20 years, although, some payment was received for a short period under Section 17B of the Industrial Disputes Act, 1947. C ~ S f - i 4. We have learned counsel for the parties and considered their rival submissions. 5. In the case of Office of the Chief Postmaster General & Ors. Vs. Living Media India Limited and Anr., reported in AIR 2012 SC 1506, the Supreme Court of India has analysed the entire law on the subject. It would be relevant to reproduce paras 11 to 13, which is reproduced below: "11) We have already extracted the reasons as mentioned in the "better affidavit" sworn by Mr. Aparajeet Pattanayak, SSRM, Air Mail Sorting Division, New Delhi. It is relevant to note that in the said affidavit, the Department has itself mentioned and is aware of the date of the judgment of the Division Bench of the High Court in LPA Nos. 418 and 1006 of 2007 as 11.09.2009. Even according to the deponent, their counsel had applied for the certified copy of the said judgment only on 08.01.2010 and the same was received by the Department on the very same day. There is no explanation for not applying for, certified copy of the impugned judgment pft; 11.09.2009 or at least within a reasonable time. The Tact remains that the certified copy was applied only pn 08.01.2010, i.e. after a period of nearly, four nionths. In spite of affording another opportunity to/file better affidavit by placing adequate; material, neither the Department nor the . person m^harge has filed any explanation for not £ippl)dng;'te copy within the prescribed rjJen^ other dates mentioned in the affidavit which we have already extracted, clearly show that there ;;;was delay at every stage a