Back
IN THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM & ARUNACHAL PRADESH)
Michael Zothankhuma, N.Unni Krishnan Nair
State Of Assam Represented By The Addl. Chief Secretary To The Govt. Of Assam, Personnel (A) Department – Appellant
Versus
Bhupesh Ch Das S/O Shri Girish Ch. Das – Respondent
| Table of Content |
|---|
| 1. eligibility for condonation of delay considered. (Para 1 , 10 , 15) |
| 2. condonation of delay in filing appeal. (Para 2 , 3 , 5) |
| 3. arguments against delay condonation. (Para 4 , 6 , 11 , 12) |
| 4. legal standards for condoning delay established. (Para 8 , 9 , 13 , 14) |
| 5. delay condoned as sufficient cause demonstrated. (Para 18) |
JUDGMENT :
N. Unni Krishnan Nair, J.
Heard Mr. D. Nath, learned Sr. Govt. Advocate, Assam appearing for the applicant/appellant. Also heard Mr. K.N. Chouhury, learned Sr. counsel assisted by Mr. D.J. Das, learned counsel for the respondent No. 1.
2. The present interlocutory application has been instituted invoking the provisions of Section 5 of the Limitation Act, 1963, praying for condonation of delay of 258 days in instituting the connected writ appeal, assailing the judgment and order dated 29-10-2024 passed by the learned Single Judge in W.P.(C) No. 1053/2024.
3. Before considering the contentions raised in the present interlocutory application, it would be apt to notice the facts leading to institution of the connected appeal by the applicants, herein.
The opposite party No. 1, who was a member of the Assam Civil Service, while serving as the Ch
Government entities must now show sufficient cause for delay in legal proceedings, ensuring accountability equal to private litigants, as established in Supreme Court jurisprudence.
Condonation of delay under the Limitation Act requires substantial justification, and the State is treated no differently than private litigants in these matters.
The court held that bureaucratic inefficiencies do not constitute sufficient cause for condoning delays in appeals, emphasizing accountability in litigation processes.
Administrative lethargy and bureaucratic delays do not constitute sufficient cause for condoning inordinate delays by state in filing appeals; bona fides and vigilance required.
The law of limitation is strict and must be adhered to; bureaucratic delays are not sufficient grounds for condoning delays in filing appeals.
The law of limitation applies equally to all parties, including State entities, and delays cannot be condoned unless supported by sufficient and clear explanations.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
