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TMI Blog2013 (12) TMI 158X X X X Extracts X X X X X X X X Extracts X X X X ..... n the affidavit. It is seen that despite the preparation of appeal and approved by the General Manager on 5.10.2012, the appeal was filed only on 11.1.2013. It is a clear case of gross negligence and inaction on the part of the appellant - Condonation denied. - ST/COD/40126/2013 & ST/S/40125/2013 & ST/40129/2013 - Final Order No.40460/2013 - Dated:- 26-9-2013 - Shri P.K. Das and Shri Mathew John, JJ. For the Appellant : Shri T. Ravikumar, Advocate For the Respondent : Shri R. Gurunathan, ADC (AR) JUDGEMENT Per P.K. Das The applicant has filed this application for condoning the delay of 172 days involved in the filing of the appeal. 2. The learned Advocate on behalf of the applicant submits that the applicant is a Gover ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nd therefore it is required to see the events after that period. In their affidavit it is stated as under:- On 7.7.2012 the file was put up to the General Manager, BSNL, Karaikudi as to the filing of the appeal before CESTAT, Chennai. The General Manager, BSNL, Karaikudi perused the file and agreed to the proposal to file an appeal before CESTAT on 9.7.2012 the file was again put up on 10.7.2012 for approval of the GM to initiate the case by SDE (Legal). The General Manager, BSNL, Karaikudi agreed to the proposal on 13.7.2012 and the file was handed over to SDE (Legal) on13.7.2012. Consequently, a letter was written on 19.7.2012 by SDE (Legal), Karaikudi to the Legal Cell, BSNL, Tamilnadu Circle, Chennai 600 002 which is the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nce certain clarification was sought for by the counsel. Meanwhile the Accounts Officer could not provide the clarification immediately as he was again admitted in Apollo Hospital at Karaikudi on 29.9.2012, where he underwent Angiogram and was discharged after five days. Thereafter, on medical advice he was again admitted in Apollo Hospital, Madurai on 10.10.2012 where he underwent Angioplasty with stent and he was in hospital for nearly 7 days after which he was discharged on 16.10.2012. He was advised rest for 5 days thereafter he joined duty on 22.10.2012. The relevant medical record will be produced at the time of hearing. Furthermore, Dassara Holidays and Deepavali Holidays intervened and on 16.11.2012 the BSNL Office, Karaikudi had se ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... satisfied with the reason that after preparation of the appeal why the said learned counsel sought for clarification on 12.10.2012 and in the meantime the Accounts Officer could not provide the clarification as he was admitted in Apollo Hospital on 29.9.2012. We are not satisfied with the reason as stated in the affidavit. It is seen that despite the preparation of appeal and approved by the General Manager on 5.10.2012, the appeal was filed only on 11.1.2013. It is a clear case of gross negligence and inaction on the part of the appellant. 6. In view of the above discussion, we do not find any reason to condone the delay of 172 days involved in the filing of the appeal. Accordingly, the COD application is rejected. Consequently, the appea ..... X X X X Extracts X X X X X X X X Extracts X X X X
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