JUSTICE J. M. MALIK, PRESIDING MEMBER (ORAL)

1.      Learned counsel for the parties heard.

2.      Learned State Commission dismissed the appeal on the ground that there was delay of 114 days.  The petitioner had explained the

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delay in para 4 of the application for condonation of delay before the State Commission, which is reproduced:

“4. That after receipt of order, the legal opinion was sought and finally on 17.01.2012 a final decision of filing the appeal was taken.  Thereafter on 08.02.2012 the decision of marking of the case to the penal advocate was taken and the file was given on 10.02.2012.  The counsel immediately prepared and returned back the file on 16.02.2012 for signing the appeal and providing the FDR.  The different approval for the same was taken and finally the appeal is filed.  The delay in filing the appeal is only 69 days due to administrative reasons mentioned above.”

3.      Most importantly, in para 3 of the application for condonation of delay, it is stated that impugned order was not served upon the appellant.

4.      We have called the report of the Secretary, District Forum wherein it was admitted that the entry of the date mentioned free certified copy sent to the petitioner(DDA) did not find place in dispatch register.  It is thus clear that the registry in the District Forum is not working properly.  Copy of this order be sent to the President, District

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Forum with the direction to take action against the concerned person and such like mistake should not happen in the future.

5.      Keeping in view all these facts and circumstances of the case, we condone the delay before the State Commission. It must be mentioned here that the petitioner himself admitted that there was 69 days’ delay but no lucid excuse is forthcoming.

6.      The revision petition is allowed subject to payment of Rs.10,000/- as costs, which be paid to Mr. Chanchal Kumar through demand draft directly and the parties are directed to appear before the State Commission for further proceedings on 3.7.2014.  The State Commission is also directed to expedite the case and it should be disposed of within three months from 3.7.2014 onwards with the report to the Registrar of this Commission.