Government departments are under a special obligation to ensure diligence and commitment in their duties, and condonation of delay should not be used as an anticipated benefit.

JUDGMENT :

A.K. Rath, J.

In this appeal, the appellants call in question the correctness of the order dated 27.08.2016 passed by the learned District Judge, Khurda at Bhubaneswar in RFA No.59 of 2016, whereby the learned District Judge dismissed the appeal on the ground of delay.

2. The facts necessary for disposal of the appeal are;

The plaintiff is the unfortunate mother of one Achutananda Dash. Her son was prosecuting his study in the University College of Engineering, Burla, Sambalpur. The College used to hold spring festival every year in which, photography competition was one of the events. Her son along with seven of his friends went to riverbed of Mahanadi on 30.01.1998 at about 1.00 P.M to take photographs in order to take part in the competition. Due to sudden heavy flush of water released from Hirakud Dam, he was drowned. Thereafter, she instituted the suit claiming compensation of Rs.25,00,000/- impleading the appellants as defendants. The suit was decreed. Assailing the judgment and decree of the learned trial court, the defendants filed RFA No.59 of 2016 before the learned District Judge, Khurda at Bhubaneswar. Since there was a delay of 630 days, an application under Section 5 of the Limitation Act was filed. The same having been dismissed, the instant appeal has been filed.

3. Mr. Panda, learned Addl. Government Advocate, submits that after the judgment passed by the learned trial court, the defendants filed an application for review. The same was pending before the learned trial court for which no appeal could be filed. The defendants have assigned sufficient cause in not preferring appeal in time. Learned lower appellate court has not considered the matter in its proper perspective and dismissed the application for condonation of delay.

4. In the application for condonation of delay, which is filed before this Court, the following reasons have been assigned;

“That the appellants are State and its Officers those are entrusted with the responsibility of protecting and preserving the law inasmuch as the public exchequer. In the decision taking process, several Administrative Departments including the Law Department has to be consulted since the case involves complicated questions of law as well as facts. Moreover, the file relating to the cases were maintained in different offices. Therefore, before taking a decision, the opinion of the State Law Officers, Law Secretary and even other Administrative Department were to be consulted. Hence, in the decision making process a considerable time was spent and ultimately the Government in its wisdom has taken a decision to challenge the legality, validity and propriety of the judgment and decree by preferring an appeal by engaging a Special Counsel. Therefore, there has been a considerable period of delay in filing the present appeal.”

5. Whether the reasons assigned in the application for condonation of delay can constitute “sufficient cause” so as to condone the delay ?

6. In Office of the Chief Post Master & Others Vrs. Living Media India Ltd. & Another, (2012) 3 SCC 563, after survey of the earlier decisions, the apex Court held as follows:

“27. It is not in dispute that the persons concerned were well aware or conversant with the issues involved including the prescribed period of limitation for taking up the matter by way of filing a special leave petition in this Court. They cannot claim that they have a separate period of limitation when the Department was possessed with competent persons familiar with court proceedings. In the absence of plausible and acceptable explanation, we are posing a question why the delay is to be condoned mechanically merely because the Government or a wing of the Government is a party before us.

28. Though we are conscious of the fact that in a matter of condonation of delay when there was no gross negligence or deliberate inaction or lack of bona fides, a liberal concession has to be adopted to advance substantial justice, we are of the view tha