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2014 (5) TMI 233

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..... ant has also not been mentioned - a nationalised bank, which has its own systems and processes, is surely not dependant on the availability or non-availability of an officer for filing an appeal before the Tribunal – Relying upon Chief Post Master General Vs. Living Media India Limited [2012 (4) TMI 341 - SUPREME COURT OF INDIA] - there is no need to accept the usual explanation that the file was .....

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..... filing the appeal before the Tribunal against an order of the Commissioner (Appeals). The following questions of law have been raised :- A. Whether, the sufficiency of cause shown by the appellant and rejected by the Appellate Tribunal has resulted in failure of justice to the appellant? B. Whether, the pedantic approach in matters of question of limitation is justifiable in deciding li .....

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..... as only a few days earlier when the pending papers were being sorted out that it was realised that the appeal has not been filed . The application is as vague as it can be. The date when the Chief Manager of the Bank had been transferred has not been mentioned and how long the office of the Chief Manager remained vacant has also not been mentioned. In any event, this can be absolutely no valid .....

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..... fide effort, there is no need to accept the usual explanation that the file was kept pending for several months/years due to considerable degree of procedural red-tape in the process. The government departments are under a special obligation to ensure that they perform their duties with diligence and commitment. Condonation of delay is an exception and should not be used as an anticipated benefit .....

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