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2019 Supreme(SC) 2225

SANJAY KISHAN KAUL, INDIRA BANERJEE
State Of Bihar – Appellant
Versus
Deo Kumar Singh – Respondent


ORDER

1. The Petitioner-State of Bihar filed an appeal against the order of the learned Single Judge before the Division Bench after a delay of 367 days. The Division Bench dismissed the application for condensation of delay on the ground that there was no sufficient cause shown for condensation of delay. It is thereafter with a delay of 728 days that the special leave petition has been filed. The reason given for seeking condensation of this extraordinary 728 days delay is as under:

    2. that the Petitioner State is filing the present special leave petition after obtaining all the sanctions from the respective departments and took time to receive the affidavit and vakalatnama from the concerned department, hence there is delay in filing the present matter.

2. We are of the view that a clear signal has to sent to the Government Authorities that they cannot approach the Court as and when they please, on account of gross incompetence of their officers and that too without taking any action against the concerned officers. No detail of this delay of 728 days have been given as if there is an inherent right to seek condensation of delay by State Government. The law of limitation apparentl

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