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SUJIT NARAYAN PRASAD, ARUN KUMAR RAI
Jharkhand Urja Vikas Nigam Limited through its Chairman-cum-Managing Director – Appellant
Versus
Jitendra Kumar Sah – Respondent
JUDGMENT :
HON’BLE MR. JUSTICE SUJIT NARAYAN PRASAD
1. The instant intra-court appeal under Clause 10 of the Letters Patent is directed against the order dated 16.08.2022 passed by the learned Single Judge in W.P. (S) No.1607 of 2018, whereby and whereunder the learned Single Judge has allowed the writ petition and directed the appellants to offer appointment to the respondent-writ petitioner within a period of three weeks with all consequential benefits.
I.A. No. 7288 of 2023
2. The instant appeal is barred by inordinate delay of 309 days, therefore, an application for condoning the aforesaid delay has been filed being I.A. No. 7288 of 2023.
3. This Court, after taking into consideration the fact that the instant intra-court appeal has been filed after inordinate delay of 309 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.
4. The ground for condonation of delay has been taken, as per the pleading made in the instant interlocutory application that after receiving the information regarding the impugned order, the Department immediately acted upon and the file was put up be
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 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 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 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 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 law of limitation must be applied strictly, and delay in filing appeals can only be condoned on sufficient cause, which was not established in this case.
The court emphasized that delay in filing appeals must be strictly justified, and lack of bona fides or negligence can prevent condonation of delay.
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