ARUN BHANSALI, J. - (1.) This review petition has been filed by the petitioner seeking review of order dated 17/9/2016 passed by a coordinate bench of this Court in S.B. Civil Writ Petition No. 13546/2015, whereby, the writ petition filed by the State against the order dated 6/1/2015 passed by the Rajasthan Civil Services Appellate Tribunal ('the Tribunal') was dismissed.
(2.) Office has reported the review petition as barred by 444 days. An application under Section 5 of the Limitation Act has been filed with the following averments: "3. That after obtaining the certified copy of the order dated 17.9.2016, the Government Counsel sent the certified copy along with its opinion to the Officer-In Charge of the case. Thereafter, Officer-In Charge of the case sent the file to the higher authorities of the department, seeking further directions in the matter. 4. That the sanction of filing the review petition in the matter has been issued by the competent authority. Thereafter, the O.I.C. contacted the office of the Government Counsel for filing the review petition in the matter. The Government Counsel asked the Officer-in-Charge to bring some relevant information/record pertaining to delay caused in the matter. After collecting the requisite information/record, the Officer-in-charge again contacted the Government Counsel. 5. That the Government Counsel dictated the review petition as well as application under section 5 of the Limitation Act on 8-1-2018, which was ready on 11-1-2018. Therefore, the same is being filed today i.e. on 12-1-2018 without any further delay in the matter. 6. That it is most respectfully submitted that the delay caused in filing the review petition is bonafide and due to official procedure and there is no intentional or deliberate delay on the part of the petitioners and therefore, the delay caused in filing the petition deserves to be condoned and the petition deserves to be heard and decided on merit."
(3.) On notice of the application being issued, learned counsel for the respondent has put in appearance and has filed reply to the application under Section 5 of the Limitation Act vehemently contesting the application as well as the review petition on merits.;