9911796707
TMI Blog2024 (11) TMI 1233X X X X Extracts X X X X X X X X Extracts X X X X ..... in normal circumstances, this Court will not restore an appeal which has been rejected on the ground that it was filed beyond the period of limitation if it has found that such rejection was justified by the statutory provisions governing the filing of such appeal. However, if this Court comes to the conclusion that there are some special and extraordinary circumstances which could have prevented the person filing the appeal from presenting the appeal within time, this Court cannot be denuded of the authority to issue a writ of mandamus commanding the Appellate Authority to consider the appeal on the merits and to take a decision in the matter. Taking cue from the observations of the Supreme Court in B.C. Chaturvedi [ 1995 (11) TMI 379 - SU ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ses of disposal on the merits of the matter. It is submitted that the show cause notice leading to the issuance of Ext. P3 order was issued on 23-10-2020. It is submitted that a reply was filed to the show cause notice on 08-02-2021. It is submitted that in the month of July 2021, a First Information Report was registered against the Secretary of the Bank and other officials alleging last scale misappropriation leading to financial instability etc. It is submitted that shortly thereafter there was a huge public outcry against the activities of the then Secretary and certain officials of the Bank, including members of its Director Board, forcing the Government to appoint a Chief Executive Officer for the petitioner (Bank) on 22-07-2021. It i ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rom the limitation on account of the outbreak of the Covid-19 pandemic and found that even if the benefit of such exclusion is given to the petitioner, the appeal filed by the petitioner is still out of time. It is submitted that the petitioner cannot, therefore, now contend for the position that its appeal has to be heard and decided on merits after setting aside Ext. P5 order. 4. Having heard the learned counsel for the petitioner and the learned Standing Counsel appearing for the respondents, I am of the view that the learned Standing Counsel appearing for the respondents may be right in contending that in normal circumstances, this Court will not restore an appeal which has been rejected on the ground that it was filed beyond the period ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rcentage of litigants would be denied this small relief merely because they are not in a position to approach this Court, which may, inter alia, be because of the poverty of the person concerned. It may be remembered that the framers of the Constitution permitted the High Courts to even strike down a parliamentary enactment, on such a case being made out, and we have hesitated to concede the power of even substituting a punishment/penalty, on such case being made out. What a difference? May it be pointed out that Service Tribunals too, set up with the aid of Article 323-A have the power of striking down a legislative act. 22. The aforesaid has, therefore, to be avoided and I have no doubt that a High Court would be within its jurisdiction t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t in B.C. Chaturvedi (supra), I am of the view that, in the extraordinary and special circumstances of this case, the order of the Appellate Authority can be set aside and the appeal filed by the petitioner against Ext. P3 order can be restored to file with a direction to the Appellate Authority to hear and dispose of the appeal on merits and in accordance with the law. 6. Accordingly, this writ petition is allowed, setting aside Ext. P5 order of the Appellate Authority and directing that the appeal filed by the petitioner against Ext. P3 order-in-original shall be heard and disposed of in accordance with the law by the Appellate Authority after affording to the petitioner an opportunity of being heard. It is made clear that this order has ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
