VINAY KUMAR, J.M.MALIK
Chairman, Bihar State Electricity Board, Vidyut Bhavan, Bailey Road, Patna, Bihar – Appellant
Versus
Yusuf Khan – Respondent
J.M. Malik, Presiding Member—Learned State Commission dismissed the appeal as the same was delayed by 171 days. Aggrieved by that order dated 03.04.2012, the instant revision petition was filed.
2. We have heard the counsel for the petitioners/OPs.
3. We have perused the application for condonation of delay moved before the State Commission. The learned State Commission has observed that the reason assigned for such late filing is the time consumed in the official processing of file. Learned counsel for the petitioners also admitted that the delay was caused due to procedural and departmental delays. It was also argued that the Hon’ble Supreme Court has laid down a liberal view for condonation of delay in the case of State of Nagaland v. Lipok A O as reported in 2005(2) PLJR 209. It was also argued that if the delay is not condoned, it will cause loss and irreparable injury to the Bihar State Electricity Board and public interest will suffer in the ultimate analysis.
4. All these grounds do not constitute the sufficient cause. It is now well settled that departmental and procedural delays do not form a sufficient ground Under Section 5 of the Limitation Act. It must be borne in
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