JUDGEMENT
SHETHNA, J. -
(1.) HEARD learned counsel for the appellant.
(2.) THE appellant has challenged the impugned judgment and award dated 17. 1. 94 passed in favour of the respondent No. 1 widow of Satya Narain who died in motor accident which took place on 8. 2. 87 by which the claimants were awarded Rs. 1,93,000/- with cousts and interest. This appeal was filed on 15. 12. 94. THEre is a delay of 237 days in filing the appeal.
An application for condonation of delay is filed in this appeal wherein it is slated that after the award passed on 17. 1. 94 the certified copy of the same was applied on 25. 1. 94 which was received on 29. 1. 94. After the receipt of the same, the mailer was referred to the ADG of Personnel Services, Army Headquarters, New Delhi who in turn informed the Headquarters, Western Command A, Chandimandir by letter dated 18. 5. 94 advising to file an appeal (by that time the period of limination had already expired ). It is further stated that Rs. 25,000/- were to be deposited and the necessary sanction was to be taken and the said exercise took considerable time as the procedure for the same was was prescribed and papers have to be passed through various channels and sections. Thus the delay in filing the appeal is not deliberate and the same may be condoned.
Apart from the fact thai day to day delay is not explained there is no cause much less sufficient cause to condone the gross delay of 237 days in filing this appeal. The legislature has prescribed the period of limitation and no one much less the Union of India itself can take up such plea that" due to procedural formalities delay has been caused. It is duty of the Union of India to see that the decision is taken well in lime and appeal is also filed within the period of limitation. For no fault of the claimants they should not be made to suffer any more.
In view of the above discussion, I do not see any reason to condone the delay of 237 days in filing the main appeal. Hence the application under section 5 of the Limitation Act is rejected. As the application for condonation of delay is rejectied the appeal also stands dismissed as being time barred. .;
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