MC 2767/2010 BEFORE HON’BLE MR. JUSTICE AMITAVA ROY HON’BLE MRS. JUSTICE ANIMA HAZARIKA (Amitava Roy, J) This is an application for condonation of delay of 97 days in filing the accompanying appeal by the applicants impugning the judgment and order dated 7. 1.2010 passed by the learned Single Judge in WP(C) No. 5308/2009. By the judgmen t and order assailed the penalty of censure and recovery of Rs. 1,96,875/- from the monthly salary of the opposite party herein was interfered with. Consequenti al direction for refund of the amount since recovered on that count was also iss ued. We have heard Mr PK Roy assisted by Mr S K Chakraborty and Ms A Chakrabo rty, Advocates for the applicants and Mr S Dutta, learned counsel for the opposi te party assisted by Mr D Chakraborty, Advocate. The applicants’ case pleading condonation of delay is that though the ce rtified copy of the judgment and order dated 7.1.2010 was applied for immediatel y after the same was passed it was misplaced by the dealing clerk, whereafter, a fresh copy was applied for on 4.3.2010 and received on 6.3.2010. Following the unavoidable official formalities the appeal was eventually filed on 17.5.2010. B y then, a delay of 97 days had occurred. The opposite party in his affidavit has resisted the prayer for condonat ion of delay inter alia on the ground that the explanation provided is wholly in sufficient and unconvincing. According to him, there is no explanation whatsoeve r for the delay in applying for the certified copy of the judgment an order on 4 .3.2010. Further, though admittedly the same was received on 6.3.2010 the delay in filing the appeal till 17.5.2010 is unintelligible. The learned counsel for t he parties have reiterated the above. Upon hearing them and on a consideration of the rival assertions support ed by affidavits, we are of the view that in the interest of justice and having regard in particular to the public institution as the applicant Corporation is, the delay ought to be condoned. Ordered accordingly. Misc. case is, thus, allowed.