IN THE HIGH COURT OF JHARKHAND AT RANCHI
SUJIT NARAYAN PRASAD, ARUN KUMAR RAI, JJ.
The State of Jharkhand – Appellant
Versus
Shakila Khatoon, widow of late Md. Tanveer Alam – Respondent
L.P.A. No.397 of 2025
Decided on : 04-12-2025
| Table of Content |
|---|
| 1. basis for intra-court appeal and existence of inordinate delay. (Para 1 , 2) |
| 2. criteria and legal interpretation of sufficient cause for condonation of delay. (Para 3 , 11 , 12 , 13 , 14 , 15 , 16 , 17 , 18 , 19 , 20 , 21 , 22 , 23 , 24) |
| 3. appellants contentions and procedural explanation for the delay. (Para 4 , 5 , 6 , 7 , 8 , 9 , 10) |
| 4. internal administrative delays are not sufficient cause for condonation. (Para 25 , 26 , 27 , 28 , 29 , 30 , 31 , 32 , 33 , 34 , 35 , 36 , 37 , 38 , 39) |
| 5. dismissal of appeal owing to unjustified delay. (Para 40 , 41 , 42) |
JUDGMENT :
Sujit Narayan Prasad, J.
1. The instant intra-court appeal is under Clause-10 of Letters Patent directed against the order/judgment dated 08.01.2024 passed by the learned Single Judge of this Court in W.P.(S) No.6725 of 2019, whereby and whereunder, while disposing of the writ petition, direction has been given upon the respondent no.3 to extend the benefits of 5th pay revision to the original petitioner no.1 and the petitioner nos.2 to 7 in the light of recommendation made by the Ranchi University.
I.A.No.6708 of 2025
2. The instant appeal is barred by inordinate delay of 467 days, therefore, an application for condoning the aforesaid delay has been filed being I.A.No.6708 of 2025.
3. This Court, after taking into consideration the fact that the instant intra-court appeal has been field after inordinate delay of 467 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 the impugned order was pronounced on 08.01.2024 and the same after coming to the knowledge of the appellant-State, the file was put before the office of the appellant-State for taking further steps in the matter.
5. The file has been forwarded to the authority concerned and on 25.06.2024, the concerned authority has endorsed the file to the Deputy Director with a noting that the department may consider to file Letters Patent Appeal. Thereafter, on 01.07.2024, the Under Secretary has endorsed the file to the Legal retainer to draft the L.P.A.
6. On 09.09.2024, the Deputy Director has endorsed the file to the under Secretary with a noting that the file can be further endorsed to the learned Advocate General for further opinion. On 18.09.2024, the under Secretary has endorsed the file to the Secretary with a noting that the Ground of Appeal was prepared by the Legal Retainer and further, the file can be endorsed to the learned Advocate General. On 23.09.2024, the Secretary has endorsed the file to the learned Advocate General. In pursuant thereto, the learned Advocate General has opined to prefer L.P.A.through one Law Officer.
7. On 08.10.2024, the file was forwarded to the Deputy Director with a noting that the approval to authorized the Deputy Director for filing L.P.A. may be obtained which was further forwarded to the under Secretary for the same purpose on 18.10.2024.
8. On 22.10.2024, the under Secretary has endorsed the file to the Secretary for further approval, upon which, the Secretary has authorized the Deputy Director to prefer L.P.A.
9. Thereafter, the file was forwarded to the concerned Law Officer for preparing the draft of Letters Patent Appeal who has prepared the draft and return the file to the Department for getting approval, which according to the appellants is not intentional rather on account of procedural delay.
10. Learned Sr. S.C.-I appearing for the State-appellants, therefore, has prayed to condone the delay and has submitted that the reasons assigned in the instant interlocutory application are sufficient to condone the delay.
11. We have heard the learned counsel for the parties on delay condonation application and before considering the same, this Court, deems it fit and proper to refer certain legal proposition, as has been propounded b
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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 bureaucratic delays do not constitute sufficient cause for condonation of delay in filing appeals.
The court emphasized that delay in filing appeals must be strictly justified, and lack of bona fides or negligence can prevent condonation of delay.
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 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 court emphasized that applications for condonation of delay must demonstrate sufficient cause, with negligence and lack of bona fides leading to dismissal.
The court emphasized that procedural delays and lack of bona fides do not justify condoning significant delays in filing appeals, reinforcing the importance of adhering to limitation laws.
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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