Biswanath Somadder, J. - (1.) In re: CAN 8867 of 2017 Let the affidavit-in-opposition filed on behalf of the respondent/writ petitioner in respect of the section 5 application be kept on record.
(2.) Upon perusing the section 5 application, it appears that there has been a delay of 358 days in preferring the appeal against the judgement and order dated 16th June, 2016, passed by a learned Single Judge in WP 29826 (W) of 2015 (Gautam Dalal vs. The State of West Bengal & Ors.). After receiving the impugned judgement and order dated 16th June, 2016, the Joint Legal Remembrancer engaged a senior Government advocate on 7th September, 2016, to prefer an appeal. In paragraph 6 of the section 5 application, the following statement has been made:- "6. That Mr. Jaharlal Dey, Learned Senior State Advocate have [sic; read, has] not preferred the said appeal. The department further contract [sic; read, contacted] with the learned Legal Remembrancer, West Bengal and request [sic; read, requested] to engaged [sic; read, engage] any other Learned Govt. Advocate for preferring an appeal it is most urgent."
(3.) Consequently another Government advocate was engaged to prefer the appeal on 5th July, 2017 and ultimately the appeal was filed on 13th July, 2017. As such, we notice that the period of delay of 358 days in preferring the appeal has occurred primarily due to negligence on the part of the Government advocate and also due to negligence and/or sheer callousness on the part of the office of the Legal Remembrancer of the State of West Bengal for not regularly following up with the Government advocate who was initially engaged.;