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ATUL SREEDHARAN, JAVED IQBAL WANI
UT of J&K – Appellant
Versus
Hidayat Ali Khan – Respondent
JUDGMENT :
Javed Iqbal, J.
1. This order shall dispose of the application being CM No. 7313/2021 accompanying LPA No. 146/2021, filed by the applicants for seeking condonation of delay of 1485 days in filing the said LPA against the Judgment dated 10.08.2017, passed in SWP No. 2171/2011, in case titled as Hidayat Ali Vs. State and Ors.
2. The facts emerging from the perusal of the record would reveal that the petitioner/non-applicant herein filed SWP No. 2171/2011 supra against the respondents/applicants herein before this Court seeking quashment of order dated 21.07.2011, issued by respondent in the petition/applicant 4 herein, besides seeking a direction against the respondents-applicants herein to count his entire period of service towards pay fixation, gratuity and other monetary benefits without any deduction, including the direction for release of pension and other retiral benefits.
The petition supra came to be filed by the petitioner non-applicant herein on the premise that he had previously been removed by the applicants herein from service while working as Head Constable in terms of order dated 29.06.2004, which order came to be assailed by him in SWP No. 1035/2004 before thi
The law of limitation applies rigorously, and government departments must provide satisfactory explanations for delays in legal proceedings; mere procedural inefficiencies are insufficient.
State cannot condone inordinate appeal delays via bureaucratic excuses; unexplained periods and administrative lethargy fail sufficient cause test, binding government to limitation laws equally.
The law of limitation is strict and must be adhered to; bureaucratic delays are not sufficient grounds for condoning delays in filing appeals.
The principle of 'sufficient cause' under Section 5 of the Limitation Act is interpreted liberally to ensure substantial justice, especially regarding government bodies, without undue strictness on p....
The law of limitation must be strictly adhered to, and the burden lies on the party seeking condonation to demonstrate that the delay was due to sufficient cause, free from negligence or lack of bona....
Administrative lethargy and bureaucratic delays do not constitute sufficient cause for condoning inordinate delays by state in filing appeals; bona fides and vigilance required.
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