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SANJAYA KUMAR MISHRA, ANANDA SEN
State of Jharkhand – Appellant
Versus
Rajbali Ram – Respondent
JUDGMENT :
SANJAYA KUMAR MISHRA, J.
I.A. No. 1276 of 2023
1. There is a delay of 237 days in preferring this intra-court appeal.
2. Heard the learned counsels appearing for the parties.
3. It is apparent from the records that a substantial amount of public money is involved in this case.
4. The order impugned was passed on 15.03.2022 and the appeal has been filed on 23.12.2022.
5. By virtue of the directives given by the Hon’ble Supreme Court in suo motu Writ Petition (C) No. 03 of 2020, the limitation shall be supposed to start from 1st of July, 2022. Of course, even then there is a delay in preferring the appeal of about four months, however, it is further borne out from the records that the delay has been caused because of laches on the part of the certain Government officials in processing the file. For the laches of the Government officials, the interest of State and society should not be allowed to suffer. In that view of the matter, we are inclined to allow the application for condonation of delay. Moreover, we see that reasonable opportunity was granted to the respondent-writ petitioner to file a counter affidavit/objection to the application for condonation of delay, but no objec
The main legal point established in the judgment is the need for a fair and accurate assessment of the petitioner's liability for the advance taken for executing government schemes, ensuring that pub....
The court emphasized that insufficient cause for delay in filing an appeal leads to dismissal, highlighting accountability in government actions.
The pension is considered as property and cannot be withheld without the authority of law, as established in the judgments in Deokinandan Prasad v. State of Bihar and State of Jharkhand and Others v.....
Administrative lethargy and bureaucratic delays do not constitute sufficient cause for condoning inordinate delays by state in filing appeals; bona fides and vigilance required.
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 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.
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