IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
G.S. SANDHAWALIA, C.J., SATYEN VAIDYA
Chaudhary Sarwan Kumar Himachal Pradesh Krishi Vishvavidyalaya – Appellant
Versus
Rajinder Singh – Respondent
JUDGMENT :
G.S. Sandhawalia, C.J.
The present Letters Patent Appeal is directed against the order dated 31.03.2023, passed by the learned Single Judge in CWPOA No. 4228 of 2019, titled as, Rajinder Singh & others vs. Chaudhary Sarwan Kumar Himachal Pradesh Krishi Vishvavidyalaya, Palampur, which is barred by one year, seven months and fourteen days.
2. The lack of sufficient cause made in the application compels us to dismiss the application itself, as apparently, the copy of order was applied on 19.10.2024 and the delay hasoccurred therein and then only shows the conduct of the applicant as such for the delay in contesting the litigation.
3. It has also been mentioned in the application that the copy of the judgment was downloaded from the website of this Court but in spite of that, no efforts as such have been made to apply for the certified copy, though averment is made that on 26.10.2023, the Principal Secretary (Finance), Government of H.P. has advised that same is required to be challenged, which is also after a period of seven months. The limitation being 30 days, as such the delay being inordinate is squarely covered by the principles of law laid down in Postmaster General and
Postmaster General and Ors. vs. Living Media India Limited and Anr.
Isha Bhattacharjee vs. Managing Committee of Raghunathpur Nafar Academy & others
Delay in filing a petition cannot be condoned without plausible justification, regardless of the party's status, emphasizing adherence to the law of limitation.
The court emphasized that government entities must demonstrate diligence in adhering to the statutory limit for appeal filing and cannot claim special treatment in delay situations without sufficient....
Delay in filing an appeal may not be condoned without a sufficient cause shown, emphasizing the importance of diligence and adherence to limitation periods in judicial proceedings.
Government departments must adhere to limitation periods; bureaucratic delays do not justify condonation of significant delays in legal proceedings.
Sufficient cause must be demonstrated for condonation of delay; bureaucratic inefficiencies do not qualify as valid reasons under law, as legal deadlines apply equally to all parties.
The court ruled that bureaucratic delays do not constitute sufficient cause for condonation of delay in filing appeals, emphasizing that the law of limitation binds all parties.
The State must demonstrate diligence in prosecuting matters and cannot claim a separate period of limitation; a liberal approach to condonation of delay must consider the party's conduct.
The court underscored that delays due to administrative negligence cannot justify condonation in legal proceedings, particularly for state agencies, emphasizing the importance of diligence in adherin....
The court emphasized that delay in filing appeals must be strictly justified, and lack of bona fides or negligence can prevent condonation of delay.
In a matter of condonation of delay when there was no gross negligence or deliberate inaction or lack of bonafide, a liberal concession has to be adopted to advance substantial justice, we are of the....
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