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S. K. MISHRA, SUJIT NARAYAN PRASAD
State of Jharkhand – Appellant
Versus
Kismat Begum – Respondent
JUDGMENT (ORAL)
Sujit Narayan Prasad, J.—The instant intra-court appeal is under Clause-10 of Letters Patent directed against the order/judgment dated 22.08.2019 passed by the learned Single Judge of this Court in W.P.(S) No.825 of 2012, whereby and whereunder the decision of the Administrative Authority as contained in letter dated 04.08.2009 has been quashed holding the writ petitioner entitled for salary of Headmaster from the date of his entitlement, i.e., on completion of seven years as Headmaster.
I.A.No.1589 of 2021
2. The instant appeal is barred by inordinate delay of 534 days, therefore, an application for condoning the aforesaid delay has been filed being I.A.No.1589 of 2021.
3. This Court, after taking into consideration the fact that the instant intra-court appeal has been field after inordinate delay of 534 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 after coming to the knowledge of order passed by this Court, copy of the order was
Limitation – Merely because sufficient cause has been made out in facts of a given case, there is no right to appellant to have delay condoned.
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 law of limitation is fundamental and must be strictly adhered to; mere procedural delays or bureaucratic inefficiencies do not justify the condonation of inordinate delays in filing appeals.
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 law of limitation must be strictly adhered to, and a party seeking condonation of delay must provide a satisfactory explanation that demonstrates diligence and bona fides; otherwise, the delay wi....
The law of limitation must be strictly adhered to, and the burden lies on the party seeking condonation of delay to demonstrate sufficient cause, which must not be based on mere procedural delays or ....
The main legal point established in the judgment is that lack of bona fides and gross inaction and negligence are vital factors to be considered while condoning the delay. The court emphasized the im....
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