IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA. CMP(M) No. 493 of 2009 in LPA No. 61 of 2009. Decided on: May 18, 2010. Union of India & ors ….. Appellants. Versus Satish Kumar Vashist. … Respondent. Coram The Hon’ble Mr. Justice Kurian Joseph, Chief Justice The Hon’ble Mr. Justice Surjit Singh, Judge. For the appellants. Mr. Sandeep Sharma, Asstt. Solicitor General of India. For the Respondent None. ---------------------------------------------------------------------------------------------- Justice Kurian Joseph, C.J. (Oral) (CMP(M) No. 493 of 2009 in LPA No. 61 of 2009. It is a petition for condonation of delay of 301 days in filing the appeal. Though, we are not satisfied with the reasons stated in the condonation of delay, we were inclined to grant an opportunity in case there is any merit in the case. Going through the judgment, we find that the learned Single Judge has interfered with the punishment only on the ground that the same was imposed on the writ petitioner without the required mandatory sanction from the Government of India under Section 80 of the Army Act. In that view of the matter, we do not think that the contention of the learned Assistant Solicitor General of India with respect to the other grounds particularly on the validity of the action taken under Section 63 of the Army Act need be gone into. Therefore, those contentions are left open. Since on merits also, the appellant does not have a case, there is no point in hearing the party 2 respondent in a petition for condonation of delay. Accordingly, the petition is dismissed and consequently the appeal is also dismissed. Copy Dasti. (Justice Kurian Joseph), Chief Justice. May 18, 2010. ( Justice Surjit Singh ), (karan) Judge.