2015 (12) TMI 649

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..... than, Dy. Comm. (AR), for the Respondent. ORDER The application for early hearing has been filed on the ground that the learned lower appellate authority did not examine the issue on merits but rejected the appeal on account of delay in filing of the appeal, though within the condonable period. 2. We have perused the impugned order No. 457 (Gr.II H-K)/2014 (JNCH)/IMP-438, dated 10-2-2014 p .....

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..... ed on leave without notice cannot be said to be unsatisfactory. These things do happen sometimes and there is nothing unusual about it. Therefore, the lower appellate authority should have condoned the delay which was within his power and should have decided the matter on merits. Such mechanical disposal of the appeal, for statistics purposes cannot be at the cost of justice. Therefore, we condone .....

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