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IN THE HIGH COURT OF JHARKHAND AT RANCHI
SUJIT NARAYAN PRASAD, A.C.J, RAJESH KUMAR, J.
The State of Jharkhand - Appellant
Versus
Usha Sharma - Respondent
L.P.A (Filing) No.10843 of 2024
Decided on : 22-07-2025
| Table of Content |
|---|
| 1. application for removal of procedural defects. (Para 1 , 2 , 3) |
| 2. introduction of the intra-court appeal. (Para 4 , 5) |
| 3. delay condonation application introduced. (Para 6 , 7) |
| 4. admission of nullity in departmental proceedings. (Para 8 , 9) |
| 5. court must first consider delay before merits. (Para 10 , 11) |
| 6. principle of limitation cited. (Para 12 , 13 , 14) |
| 7. bona fide conduct essential for delay condonation. (Para 15 , 16) |
| 8. government entities must adhere to limitation laws. (Para 17 , 18 , 19) |
| 9. need for comprehensive evidence for delay justifications. (Para 20 , 21 , 22 , 23 , 24) |
| 10. specific grounds of inaction evaluated. (Para 25 , 26 , 27) |
| 11. denial of delay condonation based on principles laid. (Para 28 , 29) |
| 12. final dismissal of applications and appeal. (Para 30 , 31) |
JUDGMENT :
Sujit Narayan Prasad, A.C.J.
I.A. No. 5600 of 2025
1. Mr. Ashutosh Anand, learned A.A.G-III has submitted that there are some defects pointed out by the Office and as such he has filed an interlocutory application being I.A. No. 5600 of 2025 for removal of the same. The said interlocutory application has been taken up. The instant interlocutory application has been filed seeking exemption and ignoring part defect no.48 of page number 124 and 129.
2. Considering the reason assigned in the instant interlocutory application, the aforesaid defect as pointed out by the Office is ignored
3. I.A. No. 5600 of 2025 stands disposed of.
I.A. No. 5661 of 2025
4. The instant intra-court appeal, under clause 10 of the Letters Patent, is directed against the order/judgment dated 02.05.2024 passed by learned Single Judge of this Court in W.P. (S) No.209 of 2024 whereby and where under the learned Single Judge has been pleased to dispose of the writ petition directing the petitioner(respondent herein) to file representation before the competent authority for redressal of his grievances including release of amount of death-cum-retiral benefits.
5. It appears that the appeal has been filed after a delay of 224 days for condonation of which I.A. No. 5661 of 2025 has been preferred.
6. This Court, after taking into consideration the fact that the instant intra-court appeal has been field after inordinate delay of 224 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.
7. Learned counsel for the applicant-appellant has submitted that delay in preferring the appeal may be condoned by allowing the Interlocutory Application on the basis of grounds shown at paragraph no.
4 onwards treating the same to be sufficient, which reads as under:-
4. It is humbly submitted that the judgment in W.P(S) No.209 of 2024 passed on 02.05.2024.
5. That it is stated and submitted that the same information of impugned judgment passed in W.P(S) No.209 of 224 came to the knowledge of the concerned department.
6. That it is stated and submitted that accordingly Superintendent of Police, Simdega upon receipt of information of disposal sought for further guidance on 27.07.2024.
7. That it is further stated and submitted that thereafter on 29.07.24, file placed before the Dy.SP legal with an endorsement to seek legal opinion in the matter.
8. That it is further stated and submitted that thereafter Dy.Sp placed the file before the IG Provision.
9. That it is further stated and submitted that thereafter on 30.07.24, file sent to ADG Headquarter for needful.
10. That it is further stated and submitted that thereafter on 01.08.24. ADG placed the file before the DGP to seek necessary opinion in the matter.
11. That it is further stated and submitted that thereafter on 02.08.2024, DGP approved for taking legal opinion in the matter.
12. That it is stated and submitted that thereafter the file was forwarded to the office of the Learned Advocate General for the opinion against the Judgment dated 02.05.2024 passed in W. P (S) No. 209/2024.
13. That it is further stated and submitted that thereafter o
Sufficient cause must be shown for condoning delay in filing appeals; lack of diligence and negligence is crucial for the court's discretion.
A comprehensive understanding of delay condonation necessitates showing bona fide reasons and adequate justification, especially for governmental appellants, with established precedents reinforcing t....
The court held that administrative delays are insufficient for condoning significant delays in appeals, emphasizing the importance of strict adherence to limitation laws and the necessity for bona fi....
The Court emphasized that sufficient cause for condoning appeal delays must include diligence and bona fides; ignorance of law and financial hardship alone are insufficient grounds for delay beyond t....
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.
The court emphasized that sufficient cause must be shown for condoning delay in filing appeals, with negligence and inaction being critical factors.
The law of limitation is to be strictly enforced, and parties, including the government, must provide sufficient cause for any delay in filing appeals; negligence or lack of bona fides will not justi....
The main legal point established in the judgment is the requirement for a sufficient cause and bona fide motive when seeking condonation of delay.
The judgment emphasizes the importance of demonstrating a bona fide motive and sufficient cause for delay condonation, highlighting that the law of limitation must be applied with all its rigour when....
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