The Government or a Government agency is not a privileged litigant and is required to explain the delay in the same manner as an ordinary litigant to get the relief of condonation of delay under Section 5 of the Limitation Act.

ORDER :

Bibek Chaudhuri, J.

This is an application under Section 5 of the Limitation Act filed by the petitioner /intending appellant for condonation of delay of 302 days in filing the appeal against the impugned judgment and order of acquittal.

2. The petitioner has delineated the reasons for delay in filing the appeal in paragraph 12 of the said application which is reproduced below: -

"12. That the reasons for the delay in filing is for the reasons as enumerated herein below:

i) That on 14.12.2017 judgment and order was pronounced.

ii) That on 14.12.2017 application was submitted for supply of certified copy of the judgment and order.

iii) That on 22.12.2017 the certified copy was made ready and supplied.

iv) That on 29.12.2017 the file was placed Sr. Public Prosecutor/CBI for his comments on the available records.

v) That on 01.01.2018 the Sr. Public Prosecutor/CBI submitted his comments.

vi) That on 18.01.2018 Superintendent of Police/CBI endorsed his comments and passed on the file,

vii) That on 20.06.2018 the Head of the Branch submitted his comments.

viii) That on 16.07.2018 the Dy. Legal Advisor presented his opinion and forwarded the file,

ix) That on 18.07.2018 the Joint Director & Head of Zone recommended for filing of appeal,

x) That on 18.07.2018 the file with the recommendations and opinion was forwarded to the Special Director/CBI/New Delhi,

xi) That on 25.07.2018 the file with the recommendation of the Special Director/CBI/New Delhi was forwarded to the Director of Prosecution/CBI/New Delhi,

xii) That on 25.07.2018 the Director of Prosecution/CBI/New Delhi forwarded the file to the Additional Legal Advisor/CBI/New Delhi for opinion,

xiii) That on 10.08.2018 the Additional Legal Advisor/CBI/New Delhi with his comments forwarded the file to Director of Prosecution/CBI/New Delhi,

xiv) That on 23.08.2018 the Director of Prosecution/CBI/New Delhi with his comments dated forwarded the file to Special Director/CBI/New Delhi.

xv) That on 24.08.2018 Special Director/CBI/New Delhi with his comments forwarded the file to the Director/CBI/New Delhi,

xvi) That on 27.08.2018 the Director/CBI/New Delhi approving the proposal recommended for challenging the impugned judgment and order,

xvii) That on 30.08.2018 the file with the recommendation was received at CBI/Kolkata.

xviii) That on 06.09.2018 the file with the recommendations was forwarded to the Department of Personnel & Training/Government of India for approval of the proposal,

xix) That on 12.10.2018 the file with the approval of the Department of Personnel & Training/Government of India was received by the CBI/ACB/Kolkata.

xx) That on 10.12.2018 Sh. Ranjan Kumar Roy, Advocate was engaged to draw-up and filed the appeal.

xxi) That on 16.12.2018 the applications after being redrafted was forwarded to the Head of Branch/CBI/ACB/Kolkata for vetting.

xxii) That on 18.12.2018 the draft after being approved and vetted was returned for filing.

xxiii) That on 08.01.2019 the applications were reprinted and finalised for filing.

xxiv) That on 10.01.2019 the applications were affirmed and filed in the Hon'ble Court."

3. The opposite parties have filed affidavit-in-opposition against the aforesaid application under Section 5 of the Limitation Act. It is specifically stated by the opposite parties that the explanation for condonation of delay contained in paragraph 12 of the aforesaid application is vague, misconceived, speculative, baseless and bereft of better or more particulars. It is further stated by the opposite parties that official delay in according permission to the petitioner to file appeal against an order of acquittal cannot be said to be a sufficient cause for delay in filing the appeal.

4. At the time of hearing of the instant application it is submitted by Mr. Amajit De, learned advocate for the CBI that the Regional Office of the CBI at Kolkata has no authority to decide as to whether an appeal should be filed against an order of acquittal or not. The permission comes from Delhi office and onl