ORDER NO. 3 DT. 29.1.09

Heard the Ld. Advocate for the petitioner in support of the application for condonation of delay.  We have taken into consideration the application as also the supplementary affidavit filed.  The delay is for a long period.  In the application for condonation of delay the facts were stated that the Appellant was ill since 13.8. till 26.9.08.  In the supplementary affidavit it has been stated that the Appellant was ill on 13.8.08 and remained ill till 25.11.08.  The medical certificate produced by the doctor says that the Appellant was under his gtreatment from 18.8.08 to 25.11.08.  The Appeal appears to have been filed on 16.12.08.  In the circumstances, the contradictory facts disclosed cannot be accepted as correct.  Moreover, the explanation for the period between 25.11.08 and 16.12.08 is not at all available.  The contention regarding continuation of Puja vacation in the Hon’ble High Court at Calcutta does not explain the delay, particularly in view of the holidays observed in this Commission.  Under the circumstances, the application stands dismissed and the Appeal accordingly stands dismissed.