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SUJIT NARAYAN PRASAD, ARUN KUMAR RAI
State of Jharkhand through the Chief Secretary – Appellant
Versus
Gabriel Kiro, Son of Marsel Kiro – Respondent
JUDGMENT :
Sujit Narayan Prasad, J.
1. The instant intra-court appeal under Clause 10 of the Letters Patent is directed against the order dated 21.06.2022 passed by the learned Single Judge in W.P. (S) No.3675 of 2021, whereby and whereunder the learned Single Judge has allowed the writ petition directing the appellants to assess the difference of salary and pay the entire amount within a period of eight weeks from the date of receipt/production of a copy of the order.
2. This Court, after taking into consideration the fact that the instant intra-court appeal has been filed after inordinate delay of 645 days, deems it fit and proper to first consider the delay condonation application before going into the legality and propriety of the impugned order on merit.
I.A. No. 4371 of 2024
3. The instant appeal is barred by inordinate delay of 645 days, therefore, an application for condoning the aforesaid delay has been filed being I.A. No.4371 of 2024.
4. The ground for condonation of delay has been taken, as per the pleading made in the instant interlocutory application, that after the representation was filed by the writ petitioner on 29.07.2022 the file was put up before the Joint Secretary
The law of limitation must be strictly adhered to, and the burden of proving sufficient cause for delay lies with the party seeking condonation. Procedural delays and lack of diligence are insufficie....
The law of limitation is fundamental and must be strictly adhered to; mere procedural delays or bureaucratic inefficiencies do not justify the condonation of inordinate delays in filing appeals.
The principle that the law of limitation must be strictly adhered to, and that a party seeking condonation of delay must provide a satisfactory explanation that demonstrates diligence and bona fides.
The principle that the law of limitation must be strictly adhered to, and that a party seeking condonation of delay must provide a satisfactory and bona fide explanation for the delay, is fundamental....
The law of limitation must be strictly adhered to, and the burden lies on the party seeking condonation of delay to demonstrate sufficient cause, which must not be based on negligence or lack of bona....
The court emphasized that delay in filing appeals must be condoned only when sufficient cause is shown, with strict adherence to the law of limitation.
The court ruled that an inordinate delay in filing an appeal requires a sufficient explanation, and negligence or lack of bona fides can lead to dismissal of the application for condonation.
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