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HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU
ARUN PALLI, CJ., RAJNESH OSWAL
Union of India – Appellant
Versus
Anwar Ul Haq – Respondent
ORDER :
RAJNESH OSWAL, J.
CM No. 794/2026
1. This is an application seeking condonation of delay of 43 days in filing the appeal against the judgment dated 17.07.2025 passed by the writ court.
2. Notice. Mr. Navyug Sethi, Advocate, who is on caveat, waives notice on behalf of respondent. The Caveat stands discharged. He submits that he has no objection in case delay in filing the appeal is condoned.
3. For the reasons set out in the application, which is duly supported by an affidavit, the same is allowed. Consequently, the delay of 43 days in filing the appeal is condoned.
4. Application stands disposed of.
5. Main Appeal is taken on board.
LPA No. 24/2026
1. The present intra-court appeal has been preferred against the judgment dated 17.07.2025 passed by the learned Writ Court in SWP No. 404/2016, whereby the order dated 26.03.2012, removing the respondent from service, came to be quashed and the appellants were directed to reinstate the respondent forthwith with all consequential benefits. Liberty, however, was granted in favour of the appellants to initiate departmental proceedings against the respondent, if permissible under law.
2. Mr. Vishal Sharma, learned DSGI appearing for the appe
Condonation of delay requires sufficient cause and plausible explanation; financial hardship alone insufficient without vigilance.
Inordinate delay in filing a writ petition without satisfactory explanation can lead to dismissal, even in cases involving fundamental rights.
The litigant should not be penalized for delays caused by their legal representation, allowing for condonation of delay in appeal filings under Section 5 of the Limitation Act.
The court emphasized the accountability of State-Authorities for inaction and held that the impersonal machinery of the government cannot be used as a ground for condonation of delay.
Limitation – It is not length of delay that would be required to be considered while examining plea for condonation of delay, it is cause for delay which has been propounded will have to be examined ....
Inordinate unexplained delay of 20 years bars condonation; doctrine of laches prevents revival of stale claims.
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