No. 6/25.01.2011.

HON’BLE JUSTICE SRI PRABIR KUMAR SAMANTA, PRESIDENT.

Appellant through Mrs. Ratna Bramhachari, the Ld. Advocate and Respondent through Mr. Krishnapada Mali, the Ld. Advocate are present.

This appeal has been filed out of time by about 177 days.  The impugned order was passed on 02.12.2009.  The Department of Post, Appellant herein obtained the certified copy on 15.12.2009 and sought for permission from the higher authorities for preferring an appeal.  Such permission was given on 21.01.2010 which was received by the Appellant on 25.01.2010.  The Appellant then approached the Legal Adviser, Ministry of Law by letter dated 01.02.2010 for engagement of government pleader.  Till 10.03.2010 the Ministry of Law did not engage any government pleader for preferring the appeal and lastly the Department contacted the Ld. standing Counsel for filing the appeal on 05.05.2010.  No reasonable explanation has been given as to why the Ministry of Law and Justice as well as the Department of Post took time from 01.02.2010 to till 05.05.2010 only for the purpose of engaging a Ld. Advocate for filing this appeal.  We are, therefore, not satisfied as to the sufficient cause for preferring the appeal beyond the prescribed period of limitation.  The delay in filing the appeal is accordingly not condoned.  The appeal is accordingly dismissed being barred by limitation.