UNION OF INDIA Vs. SAHJAD ALI KHAN
HIGH COURT OF UTTARAKHAND
UNION OF INDIA
Sahjad Ali Khan
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BARIN GHOSH, J. -
(1.) LEARNED counsel for the private respondent does not oppose the
application for condonation of delay in preferring the appeal, inasmuch
as, his client has not filed an objection to the application, despite an
opportunity to that effect having been granted by this Court. We have
considered the averments made in the application for condonation of delay
and being satisfied with the sufficiency of the reasons for the delay,
allow the application (CLMA No. 4077 of 2012) and thereby condone 59 days
delay in preferring the appeal.
(2.) IN the writ petition, a penalty of Rs. 1,00,000/ - has been imposed upon the appellants and hence this appeal. The reason for
imposition of the penalty was that the traditional application form was
tendered by the writ petitioner with the appellants on 22nd January, 2011
for being sent by Speed Post to the office of the Public Service
Commission, Uttarakhand, Haridwar, but the appellants, instead of sending
the said application to Public Service Commission, Uttarakhand, Haridwar,
sent the same to another institution situate at Roorkee. In the
circumstances, in the absence of the traditional application form,
petitioner missed an opportunity of appearing before the Interview
Committee for being appointed as Lecturer (Physics). Before the judgment
and order under appeal was 2
rendered, writ petitioner had approached the Consumer Forum,
Dehradun seeking recovery of compensation from the appellants for
deficiency of service. The Consumer Forum, Dehradun has awarded Rs.
15,000/ - as compensation and Rs. 5,000/ - as costs in favour of the writ petitioner by an order dated 15.9.2011. This order was not brought to the
notice of the learned Single Judge, who dealt with the writ petition. For
the selfsame fault, appellants cannot be penalized twice. They, having
already been penalized by awarding compensation of Rs. 15,000/ - and costs
of Rs. 5,000/ -, cannot be penalized once again with the penalty of Rs.
1,00,000/ -. We, accordingly, allow the appeal and substitute the penalty by the sum awarded by the Consumer Forum, namely, Rs. 20,000/ - along with
interest at the rate of 9% per annum as has already been awarded, in
favour of the writ petitioner, which the appellants assure us, would be
paid to the writ petitioner within two months from today. This will not
prevent the appellants from recovering the same from such of its
officer(s) for whose fault, appellants have suffered the penalty /
compensation / costs as above.;
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