ORDER :

The Civil Miscellaneous Petition in CMP No.3138 of 2022 is filed to condone the delay of 722 days in filing Appeal Suit against the Judgment and Decree dated 07.08.2019 in O.S.No.35 of 2017.

2. The respondents/ plaintiffs have instituted a Suit for Compensation and the Suit decreed in their favour. The Suit for compensation was filed due to the death of one Mrs.Srimathi Prabakar, who died on account of electrocution occurred on 07.07.2012 at about 8.20 p.m. at Polur-Selvampet Salai, Polur Selvampet Village, Polur Taluk, Thiruvannamalai District. The Suit was pending for about six (6) years and decreed in favour of the plaintiff, who was an accident victim.

3. The revision petitioners/ Tamil Nadu Electricity Board has not taken any steps for preferring an Appeal within the period of limitation. The appeal suit is now filed with a delay of 722 days and the reasons stated in the affidavit filed in support of the Civil Miscellaneous Petition is that there was a delay in receiving the certified copy of the Judgment and Decree from the Standing Counsel, appearing on behalf of the respondent/Tamil Nadu Electricity Board. There was delay in handing over the certified copy of the Judgment and Decree to the Competent Authority of the Tamil Nadu Electricity Board, which resulted in delay.

4. This Court is of the considered opinion that, if at all, there is a delay in handing over the certified copy of the Judgment and Decree to the authorities, the said delay could have been occurred on account of the lapses, negligence and dereliction of duty on the part of the authorities, who all are responsible for pursuing the Suit.

5. The Tamil Nadu Electricity Board officials are receiving a decent salary and therefore, they are expected to perform their duties and responsibilities vigilantly and diligently. In the event of any lapses, negligence or dereliction of duty, they must be held accountable and answerable and the financial loss, if any occurred to the Tamil Nadu Electricity Board must be recovered from such officials and from their salary.

6. Performance of Public Duty is of paramount importance and every public servant is expected to perform the duties with utmost care and devotion. In the event of any lapses, serious actions are warranted and financial loss caused to the Electricity Board/State Exchequer, must be recovered from such officials by following the procedures under the Service Rules.

7. Casual way of dealing with the allegations by the Government Public Servants, at no circumstances be tolerated. If at all, the case is of their personal case, whether they will deal it with such a casual manner or not, is to be considered by the Court. When it is a public matter, they view it casually and if its a personal matter, then they view it seriously. Such different yardsticks of the authorities cannot be accepted and Such an attitude of the Public Servants are to be dealt with in accordance with law.

8. In the present case, the only reason stated in the affidavit is that there was a delay in receiving the papers from the Standing Counsel, appearing on behalf of the respondent/ Tamil Nadu Electricity Board. It is not stated, why the authorities have not pursued the matter with the learned Standing Counsel for the purpose of receiving the copy. However, handing over the certified copy of the Judgment and Decree and receiving the same is the administrative affairs of the Tamil Nadu Electricity Board and the said affairs cannot be a ground to condone the enormous delay of 722 days in filing the Appeal Suit.

9. In the present case, a married woman died on account of electrocution and the Suit was instituted for compensation in the year 2012 and the Suit decreed on 07.08.2019, after 7 years from the institution of Suit. The revision petitioners herein have not settled compensation, contrarily, they have filed an Appeal Suit with a delay of 722 days and therefore, this Court has no hesitation in forming an opinion that such enormous delay, wh