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TMI Blog2017 (11) TMI 932X X X X Extracts X X X X X X X X Extracts X X X X ..... n sent within the period granted by law, the petitioner had exercised due diligence. For, the petitioner cannot be blamed for the inefficiency of the postal department. Since the petition was delayed only by eight days, there was no reason for the Joint Secretary to have a pedantic view of the matter - also, since the Joint Secretary does have the power to condone the delay by further period of three months, the said power should have been invoked by the Joint Secretary; the delay of merely eight days should have been condoned by him. Delay condoned - petition allowed - decided in favor of petitioner. - Writ Petition No. 32823 of 2016 (T-RES) - - - Dated:- 31-3-2017 - Raghvendra S. Chauhan, J. Shri Ravishankar K.S., Advocate, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 5, Biocon Park , Bommasandra Jigani Link Road, Biocon Special Economic Zone, Bommasandra Industrial Area, Bengaluru-9. The R D Unit at Biocon Park was also registered with the Ministry of Science and Technology, Government of India. After some time, the petitioner proposed to shift the imported R D equipment/goods from its DTA-R D unit to the SEZ-R D unit. Accordingly, the petitioner intimated the Department of Scientific and Industrial Research, New Delhi, about shifting of some of the R D equipments to SEZ for research and development purposes. Thereafter, the petitioner also applied to the Department of Scientific and Industrial Research, New Delhi ( DSIR , for short), for its approval to shift the equipment from non-sales ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ant Commissioner. 6. Since the petitioner was aggrieved by the order dated 5-3-2012, the petitioner preferred a revision application before the Joint Secretary, Government of India, New Delhi. According to the petitioner, the petitioner had received the order dated 5-3-2012 on 7-3-2012. The petitioner had three months time to file the revision application. Therefore, the limitation period would have expired on 7-6-2012. On 6-6-2012, the petitioner sent the revision application to the Joint Secretary by Registered Post with Acknowledgement Due . However, as the revision application reached the Joint Secretary eight days later, the petitioner also filed an application for condonation of delay in filing the revision application. However, b ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... but also equally the duty of a quasi-judicial body to do justice to the person who appear before such a quasi-judicial body. It is, also trite to state that justice should not only be done, but it must appear to be done . For, it is only when justice appears to be done that the people would have faith both in the institution, and in the Rule of Law. It is equally trite to state that an institution continues to thrive only as far as the people have a faith in its objectivity, in its transparency, and in its accountability. Thus, keeping these factors in mind, in catena of cases the Hon ble Supreme Court has held that judicial and quasi-judicial bodies dealing with the question of condonation of delay should be liberal in their approach and ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... would also be deprived of the feeling that justice is being done to it. Therefore, by taking hyper-technical view of the matter, through the impugned order, the Joint Secretary has ensured that the petitioner would lose faith in the institution, and in the Rule of Law. Since the Joint Secretary does have the power to condone the delay by further period of three months, the said power should have been invoked by the Joint Secretary; the delay of merely eight days should have been condoned by him. 13. For the reasons stated above, the petition is hereby allowed. The order dated 12-5-2016, is set aside. The Joint Secretary is directed to condone the delay of eight days, and to decide the revision petition as expeditiously as possible. - ..... X X X X Extracts X X X X X X X X Extracts X X X X
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