Case Note & Summary
The petitioners, Lok Shikshan Sanstha and the Head Master of Lokmanya Kanya Vidyalaya, challenged an order dated 24/03/2017 passed by the School Tribunal condoning a delay of 4 years and 9 months in filing an appeal by respondent No.1, Vasant Sukare, a terminated clerk. Respondent No.1 was terminated after being found guilty of misappropriating fees and facing criminal prosecution under Sections 409 and 420 IPC. The appeal was filed belatedly, and the Tribunal condoned the delay without adequate reasoning. The High Court held that the Tribunal failed to consider that the employee did not provide sufficient cause for the delay, and that the explanation of pursuing a criminal remedy was not valid. The court set aside the condonation order and remanded the matter for fresh consideration.
Headnote
A) Service Law - Condonation of Delay - Limitation - Section 9 of Maharashtra Employees of Private Schools (Conditions of Service) Act, 1977 - Appeal against termination filed after 4 years 9 months - Held that delay cannot be condoned mechanically; employee must show sufficient cause for each day of delay - Tribunal's order set aside (Paras 2-16).
Issue of Consideration
Whether the School Tribunal was justified in condoning a delay of 4 years and 9 months in filing an appeal by a terminated employee without sufficient cause being shown.
Final Decision
The writ petition is allowed. The impugned order dated 24/03/2017 passed by the School Tribunal is set aside. The matter is remanded to the School Tribunal for fresh consideration of the application for condonation of delay, after giving opportunity to both sides.
Law Points
- Condonation of delay
- Limitation
- Sufficient cause
- School Tribunal
- Maharashtra Employees of Private Schools (Conditions of Service) Act
- 1977
Case Details
2018 LawText (BOM) (12) 129
Writ Petition No. 3616 of 2017
Mr. Rohit Joshi for petitioners, Ms Kirti Satpute for respondent No.1, Mr. Shyam Bissa, Asstt. Govt. Pleader for respondent No.2
Lok Shikshan Sanstha, Warora and Head Master, Lokmanya Kanya Vidyalaya, Warora
Vasant S/o Kisnaji Sukare and Education Officer (Secondary), Zilla Parishad, Chandrapur
Subscribe to unlock Case Details (Citation, Judge, Date & more)
Subscribe Now
Nature of Litigation
Writ petition challenging order of School Tribunal condoning delay in filing appeal against termination.
Remedy Sought
Petitioners sought quashing of order dated 24/03/2017 condoning delay of 4 years 9 months.
Filing Reason
Respondent No.1 was terminated for misappropriation of fees; he filed appeal after 4 years 9 months delay.
Previous Decisions
School Tribunal condoned delay by order dated 24/03/2017.
Issues
Whether the School Tribunal was justified in condoning a delay of 4 years and 9 months without sufficient cause.
Submissions/Arguments
Petitioners argued that the delay was inordinate and no sufficient cause was shown.
Respondent No.1 argued that he was pursuing criminal remedy and was illiterate.
Ratio Decidendi
Condonation of delay cannot be granted mechanically; the applicant must show sufficient cause for each day of delay. The explanation of pursuing a criminal remedy does not constitute sufficient cause for delay in filing a civil appeal.
Judgment Excerpts
The Tribunal has not considered the fact that the respondent No.1 had not shown sufficient cause for the delay of 4 years and 9 months.
The explanation that the respondent No.1 was pursuing a criminal remedy cannot be accepted as sufficient cause for condoning such a huge delay.
Procedural History
Respondent No.1 was terminated in 2011. He filed an appeal before the School Tribunal in 2016 with a delay of 4 years 9 months. The Tribunal condoned the delay on 24/03/2017. The petitioners challenged this order by way of writ petition before the High Court.
Acts & Sections
- Maharashtra Employees of Private Schools (Conditions of Service) Act, 1977: Section 9
- Indian Penal Code, 1860: Sections 409, 420
