Back
IN THE HIGH COURT OF JHARKHAND AT RANCHI
M.S.SONAK, CJ, RAJESH SHANKAR
State of Jharkhand – Appellant
Versus
Baldeo Singh – Respondent
| Table of Content |
|---|
| 1. delayed appeal against writ; condonation sought. (Para 1 , 2 , 3) |
| 2. bureaucratic delays claimed; opposed as insufficient. (Para 4 , 5 , 6 , 7 , 8 , 9 , 10) |
| 3. court notes lethargy, rejects late knowledge claim. (Para 11 , 12 , 13 , 14) |
| 4. sc precedents bar condonation for admin lethargy. (Para 15 , 16 , 17 , 18 , 19) |
| 5. no sufficient cause; prejudices writ petitioners. (Para 20 , 21 , 22 , 23 , 24) |
| 6. ia and appeal dismissed as time-barred. (Para 25 , 26 , 27) |
ORDER :
1. The present appeal has been preferred against the order/judgment dated 29.08.2023 passed by the learned Single Judge of this court in W.P.(S) No. 5067 of 2018 whereby the writ petition filed by the writ petitioners (respondent Nos. 1 & 2 herein) has been disposed of by setting aside the order dated 05.09.2018 passed by the Director, Employment and Training, Department of Labour, Employment and Training, Government of Jharkhand and they have been held entitled for all the benefits in view of grant of second MACP in the year 2013.
2. Since the present appeal is barred by limitation, it is appropriate to first consider the application filed on behalf of the appellants seeking condonation of delay.
I.A. No.
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 held that bureaucratic inefficiencies do not constitute sufficient cause for condoning delays in appeals, emphasizing accountability in litigation processes.
The law of limitation is strict and must be adhered to; bureaucratic delays are not sufficient grounds for condoning delays in filing appeals.
Condonation of delay under the Limitation Act requires substantial justification, and the State is treated no differently than private litigants in these matters.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
