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DEEPA SHARMA, SUBHASH CHANDRA
Estate Officer (H), Greater Mohali Area Development Authority – Appellant
Versus
Jagir Singh – Respondent
ORDER
The present appeal has been filed with a delay of 172 days as per the contention of the appellants and along with the appeal, an application I.A. No. 7538 of 2019, seeking condonation of delay has been filed. It is contented in the application that the copy of the impugned order had been received by the appellants only on 15.10.2018 and the period of limitation had started running w.e.f. 16.10.2018. After the impugned order was received, the matter was sent to the legal cell, which was received in the legal cell on 29.10.2018 and the concerned officials dealt with the orders on file and on 08.11.2018 the file was sent to the Law Officer. The Law Officer recommended filing of an appeal. Thereafter, the report from the accounts branch was sought on 01.02.2019 and the file was marked to higher authority for approval and also for engaging panel counsel. On 14.03.2019, the Chief Administrator had approval for filing of the first appeal. Thereafter the instructions were issued to the panel counsel for drawing the first appeal and the draft was prepared and was sent for vetting on 19.03.2019. It was received back on 20.03.2019 and file was received by the counsel on 10.04.2019. The
Letter and Sprit - In the present case the appellant is a government department and all its officials are government employees who need to follow the law of the land in letter and spirit.
Government bodies must demonstrate diligence and provide satisfactory explanations for delays in court proceedings; bureaucratic delays are not sufficient for condonation.
Government agencies must provide sufficient justification for delays in legal filings; bureaucratic inefficiencies are not valid grounds for condonation of delay.
The court emphasized that administrative inaction does not justify delay in legal proceedings, and that adequate cause must be shown, especially by State authorities.
Government bodies must provide reasonable explanations for delays in filing appeals, as the law of limitation applies equally to all litigants, including the State.
(1) Diligent - The applicant is also required to show that it had been acting diligently and reasons were beyond its control.(2) Discretion - It is settled proposition of law that the discretion to c....
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