9911796707
TMI Blog1995 (6) TMI 98X X X X Extracts X X X X X X X X Extracts X X X X ..... Shankar Swamy, the other Director. Shri Shankar Swamy had undergone by-pass surgery and was heart patient and was not able to attend office during Sept./October, 1993 as he had to take complete rest on medical advice. It was urged that the medical certificate of Dr. Sharad Panday, Cardiovascular Surgeon, dated 3-11-1993 would bear out that Shri Shankar Swamy was under his treatment from 5th September to 8th October, 1993 and the Doctor found on investigation "ST segment changes suggestive of Myocardial Ischemia", which necessitated him to take bed rest and restricting his activity to his house. Even subsequently also Shri Shankar Swamy was unable to attend to his office work for longer duration and consequent on the seriousness of the illness, medical rest advised and his inability to exert may be taken into account in condoning the delay. 2. Shri Gregory, the learned SDR submitted that he was leaving the issue with reference to condonation of delay to the discretion of the Bench and was not making any submissions on the plea urged by the learned Consultant for the petitioner for condonation. 3. We have considered the submissions made before us. We take note of the aver ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... onsultant could be provided with the important documents only by the middle of August, 1993 and the draft appeal was prepared by the Consultant by the first week of September, 1993. The learned Consultant pleaded that Shri Shankar Swamy, the Director in-charge, had a mild attack of Myocardial Ischemia and he was directed to take rest and in this connection drew our attention to the medical certificate dated 3-11-1993 issued by Dr. Sharad Panday, Nanavati Hospital, Vile Parle, Bombay, and who is a Cardiovascular Surgeon. The wording of the certificate issued is reproduced below for convenience of reference : "This is to certify that Mr. Shankar Swamy, Age 59 years has been known to me for a long time. In fact we have been very close friends and studied in the same college. He came to me complaining of heaviness and chest pain. His ECG and other investigations revealed ST segment changes suggestive of Myocardial Ischemia. He was asked to take bed rest and restrict his activity to the house. He was under my treatment from 5th September to 8th October. At present he has improved and ask to resume work after a week - 15th October." It was pointed out to the learned Consultant that Shr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ficate is, therefore, significant. There is also no evidence produced in regard to the absence of Shri Shankar Swamy from office on account of his ill-health from 15th October, 1993 onwards. The delay, therefore, between 15th October and 3rd November has not been explained. In this background, therefore, in the absence of any explanation for not filing the appeal within a reasonable time, say a week or so, after Shri Shankar Swamy had resumed work on 15th October when the draft for the appeal was already ready, it has to be held that the delay was due to the negligence of the appellants and not due to any bona fide reason and, therefore, I hold that the appellants' prayer for condonation of the delay cannot be allowed. Therefore, the application is dismissed and since the delay has not been condoned the appeal along with the stay petition is also dismissed. Sd/- V.P. (Gulati) Dated : 18-1-1994 Member (T) POINT OF DIFFERENCE Whether in the facts and circumstances of the case, taking into consideration the serious ailment of the Director Shri Shankar Swamy, his confinement to sick bed and rest thereafter and also the state of health subsequent thereto, the delay of 41 days in f ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... as the delay was sought to be condoned because of the heart ailment of the officer concerned as certified, he has no objection for condoning the delay in the facts and circumstances of this case. 11. I have considered the pleas made by both the sides. It is seen that the certificate issued by the Doctor to the director concerned reads as under: "This is to certify that Mr. Shankar Swamy, Age 59 Yrs. has been known to me for a long time. In fact we have been very close friends and studied in the same college. He came to me complaining of heaviness and chest pain. His ECG and other investigations revealed ST segment changes suggestive of Myocardial Ischemia. He was asked to take bed rest and restrict his activity to the house. He was under my treatment from 5th September to 8th October. At present he has "improved and ask to resume work after a week - 15th October". 12. A perusal of the certificate shows that the applicant had suffered set back in his health. The Doctor has also stated that Mr. Shankar Swamy was under his treatment from 5th September to 8th October. The type of complaint was that he was suffering from Myocardial Ischemia. In the facts and circumstances, ..... X X X X Extracts X X X X X X X X Extracts X X X X
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