Order No.2  date: 12-03-2015

Sri Debasis Bhattacharya

Ld. Advocate for the Appellant and the Respondent No. 1 in person are present.  The delay condonation petition of the Appellant is taken up for hearing.  Ld. Advocate for the Appellant submits that the delay has occasioned due to official proceedings and that the impugned order was passed on 15-09-2014 and certified copy thereof was applied for on 25-09-2014 and after that the appeal being processed through various departmental authorities, which resulted in a delay of about 50 days in filing the appeal beyond the period of limitation and the same being not intentional, the delay be condoned. 

Heard the Respondent No. 1 also in the matter. 

Considering the factors mentioned in the petition, there seems to be no valid ground and/or substantial cause for condoning the delay of about 45 days beyond the statutory period of 30 days in filing the instant appeal.  At the threshold, the certified copy was applied for after 10 days and no cogent reason is put forth for such delay.  Thereafter, though the certified copy was obtained by the Appellant on the very same day of making application, the appeal was finally filed on 05-12-2014.  It bears no mentioning that procedural delay is not a cogent cause that merits condonation of delay.  There being no other cause that would otherwise construe as sufficient cause, the delay is not condoned.  Accordingly, the delay condonation petition of the Appellant stands rejected.  Consequently, the appeal is dismissed being barred by limitation, but without any cost.