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2025 Supreme(Jhk) 2219

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

Advocates Appeared:
For the Appellants : Mr. Ashok Kr. Yadav, Sr. S.C.-I Mr. Aditya Kumar, AC to Sr. SC-I
For the Respondent:Mr. Shubham Malkiya, Advocate

Administrative delay caused by routine bureaucratic file movement does not constitute 'sufficient cause' to condone inordinate filing delays. Government agencies are governed by the same laws of limitation as other litigants and must demonstrate due diligence and bona fide conduct to excuse failure to file appeals within the statutory period.

Headnote:(A) Letters Patent Appeal - Procedure and Limitation - Condonation of delay - Section 5 of the Limitation Act - Inordinate delay of 467 days in filing appeal - Explanation provided was limited to administrative file movement between departments - Such procedural delays and bureaucratic lethargy do not constitute 'sufficient cause' - Law of limitation applies uniformly to all litigants, including state instrumentalities. (Paras 27, 32, 39)

(B) Legal Principle - The concept of 'sufficient cause' requires an adequate explanation of circumstances that prevented a party from approaching the court within the statutory period - Liberal construction of the law is permitted only to advance substantial justice where no negligence, inaction, or lack of bona fides is imputable to the party - A party invoking judicial discretion must demonstrate diligence and refrain from being inactive. (Paras 21, 24, 26)

Facts of the case:
The appellant filed an appeal against an order directing the extension of pay revision benefits, which was accompanied by an application to condone an inordinate delay of 467 days. The justification offered for the delay was restricted to the movement of the file through various internal administrative desks and the time taken to obtain legal opinions and necessary bureaucratic approvals.

Findings of Court:
The court observed that the provided explanation merely chronicled routine administrative handling and file processing. The court held that such reasons do not satisfy the legal requirement for 'sufficient cause' as they reflect persistent inactivity and a lack of required diligence by the state machinery. The court reinforced that procedural red tape is not an acceptable excuse to override the statutory period of limitation.

Issues: Whether the administrative delay arising from bureaucratic procedures and the movement of files within government departments qualifies as a 'sufficient cause' for condoning an inordinate delay in filing an appeal.

Ratio Decidendi: The court ruled that the law of limitation is based on public policy to ensure finality in litigation. 'Sufficient cause' requires evidence of diligent action and the absence of negligence. As the appellant failed to justify the delay beyond describing internal procedural processes, the court found no merit in condoning the inaction, emphasizing that government bodies must adhere to the same standards of diligence as private litigants.

Result: Application for condonation of delay dismissed; appeal dismissed accordingly.

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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