High CourtsDivision Bench(2020) 12 UK CK 0053

State Of Uttarakhand And Others vs Sapna Kamboj

Uttarakhand High Court · Decided on 17 December 2020

HON’BLE JUDGES
Ravi Malimath, J · Alok Kumar Verma, J
RESULT
Disposed Of
CASE NUMBER
Special Appeal No. 303 Of 2020

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Judgment

12 paragraphs · 228 words

Ravi Malimath, J

1.

There is a delay of 171 days in filing this appeal. The reason assigned is that after the order dated 08.05.2019 was passed by the learned Single

Judge, the same was received by the office of the Director General Medical Health and Family Welfare, which was later on forwarded to the

concerned department on 31.05.2019. Thereafter, by letter dated 11.06.2019, the Director General Medical Health and Family Welfare forwarded the

order to the State government in order to obtain permission to file the appeal. The proposal was sent granting permission to file the appeal. In the said

process, the delay was occasioned. The same is objected by the learned counsel for the respondent.

2.

However, on hearing learned counsels we are of the considered view that the appellants have shown sufficient cause to condone the delay. Hence,

the application (CLMA No.10443 of 2020) to condone the delay in filing the appeal is allowed and the delay is condoned.

3.

Aggrieved by the order dated 17.11.2018, passed by the learned Single Judge, the State is in appeal. The facts and circumstances are identical to

the facts and circumstances that arose for consideration in SPA no.304 of 2020. The said appeal was disposed off by today’s order dated

17.12.2020.

4.

Hence, following the order dated 17.12.2020 in SPA No.304 of 2020, this appeal too is dismissed.