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M. S. RAMACHANDRA RAO, DEEPAK ROSHAN
Secretary-cum-Commissioner, Commercial Taxes Department, Jharkhand Mantralaya, Ranchi – Appellant
Versus
Ramesh Chandra Singh – Respondent
JUDGMENT :
Deepak Roshan, J.
1. This application has been filed by the applicant seeking condonation of delay of 404 days in filing the appeal against the judgment dated 27.02.2023 passed by the learned Single Judge in W.P. (S) No.5725 of 2017.
2. It is stated in the application for condonation of said period of delay that the respondent came to know about the order dated 27.02.2023 passed in W.P.(S) No.5725 of 2017 on 16.03.2023 and no reason has been assigned for this delay. Thereafter, on 03.04.2023, it has been forwarded to the office of Deputy Secretary. Thereafter, on 25.04.2023 the same has been forwarded to Joint Secretary, Commercial Taxes Department, who in turn forwarded the same to the Secretary of the Department on 27.04.2023 for instruction.
3. It has been further stated that on 28.04.2023, the Secretary has directed to get instruction regarding filing appeal against the order passed by the learned Single Judge. It has been further stated in the application that the Law Department, Government of Jharkhand returned the file to the Department on 15.06.2023 and opined that “No useful purpose will be served in preferring an appeal”. Thereafter, the file was again forwarded to
Bureaucratic delays do not justify condonation of significant delays in filing appeals; diligence is required in legal proceedings.
Sufficient cause must be demonstrated for condonation of delay; bureaucratic inefficiencies do not qualify as valid reasons under law, as legal deadlines apply equally to all parties.
The court ruled that bureaucratic delays do not constitute sufficient cause for condonation of delay in filing appeals, emphasizing that the law of limitation binds all parties.
In a matter of condonation of delay when there was no gross negligence or deliberate inaction or lack of bonafide, a liberal concession has to be adopted to advance substantial justice, we are of the....
Government departments must adhere to limitation periods; bureaucratic delays do not justify condonation of significant delays in legal proceedings.
The law of limitation applies universally, and bureaucratic delays do not constitute sufficient cause for condoning inordinate delays in filing appeals.
The court emphasized that government entities must demonstrate diligence in adhering to the statutory limit for appeal filing and cannot claim special treatment in delay situations without sufficient....
The court underscored that delays due to administrative negligence cannot justify condonation in legal proceedings, particularly for state agencies, emphasizing the importance of diligence in adherin....
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