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UDAY KUMAR, SOUMEN SEN
State of West Bengal – Appellant
Versus
Swarup Kumar Saha – Respondent
JUDGMENT :
Re: CAN 1 of 2021 (Condonation of Delay)
1. There is a delay of 1343 days in presenting the memorandum of appeal. The application for condonation of delay is opposed on behalf of the respondent no. 1/writ petitioner.
2. The appeal is arising out of an order dated 10th June, 2016. In the writ petition the order of the District Inspector of Schools(S.E), Siliguri, was challenged. The prayer for higher scale of pay has been negated by the said authority in terms of paragraph 3 of Government Order No. 155-SE(B) dated 13th July, 1999.
3. The appeal was filed on 28th September, 2021 with a prayer for condonation of delay. In the application for condonation of delay it has been stated that after the impugned order was passed the District Inspector of Schools(S.E), Siliguri placed a proposal before the Commissioner of School Education, Government of West Bengal on 18th November, 2016 for filing an appeal against the order dated 10th June, 2016. On receipt of the proposal the dealing officer of the office of the Commissioner of School Education prepared the requisite papers and placed the same through the Deputy Director of School Education before the Commissioner of School Education
The Court may allow condonation of delay if there is a conscious decision to pursue the appeal, prima facie merit in the appeal, and absence of culpable negligence and deliberate inaction.
The court reinforced that the State is treated equally with other litigants regarding the condonation of delay, requiring a valid explanation for any delay.
The law of limitation applies universally, and bureaucratic delays do not constitute sufficient cause for condoning inordinate delays in filing appeals.
Government bodies must provide reasonable explanations for delays in filing appeals, as the law of limitation applies equally to all litigants, including the State.
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