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TMI Blog2016 (1) TMI 155X X X X Extracts X X X X X X X X Extracts X X X X ..... 20.9.2015. However, since the allegations were serious, we directed the Registry to serve a copy of this affidavit to the earlier counsel of the department and requested him to file a reply. Held that:- we are constrained to observe that this kind of mud slinging between the representatives of the Department viz-a-viz their counsel posted at Allahabad is unwarranted. Dirty linen should not be washed in public. We are also constrained to observe that the action of the Department in replacing the counsel in the facts and circumstances of the given case is unwarranted. No doubt, it is the prerogative of the Department to engage their counsel. It is also their prerogative to change their counsel but not in the manner in which it was done i ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r Advocate Sri Vinod Kant. The Stamp Reporter made a report dated 4.7.2015 indicating that the appeal was within the period of limitation upto 14.6.2015 and, thereafter, it was beyond time by 20 days. Further, the Stamp Reporter pointed out a defect, namely that the certified copy of the impugned order of the Tribunal was not filed. The memo of appeal was returned to the counsel to file an application under Section 5 of the Limitation Act and to remove the defect. The appeal was again presented before the Stamp Reporter on 28.9.2015. The defect was removed and the certified copy of the impugned order was filed along with an application for condonation of delay. The said appeal came up for admission before the Court on 5.10.2015, on which da ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ackness on the part of the earlier Counsel. A copy of the supplementary affidavit, that is alleged to have been prepared on 12.10.2015, has also been annexed with the supplementary affidavit, which indicates that the affidavit was to be signed by the Clerk of the Advocate. This supplementary affidavit however, does not explain the delay as to why the appeal could not be filed from 12.6.2015 to 20.9.2015. However, since the allegations were serious, we directed the Registry to serve a copy of this affidavit to the earlier counsel of the department and requested him to file a reply. Sri Vinod Kant, the learned counsel has filed his personal affidavit indicating that the Department through their officials including the Commissioner were int ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rk of the learned counsel. It is not the duty of the Clerk to file an affidavit on behalf of the Department. Even if there had been a delay, which could be attributed to the office of the learned counsel, nonetheless the affidavit had to be sworn by an officer of the Department. Such practice adopted by the Department is totally deplorable, which in the instant case is writ large. We find that an affidavit was prepared on 12.10.2015 but the Officer left Allahabad without swearing the affidavit knowing fully well that the case was to be taken up on 13.10.2015. What in such circumstances the learned counsel could do, except to send an illness slip. These facts are being stated so that the Department may become aware that such kind of practice ..... X X X X Extracts X X X X X X X X Extracts X X X X
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