The sufficiency of cause, rather than the length of delay, is the primary consideration for condoning delay in filing appeals, especially during extraordinary circumstances like a pandemic.

[Delivered on 1st day of July, 2024]

The present petition under Article 227 of the Constitution has been preferred by the petitioner taking exception to the order dated 24.07.2023 (Annexure P/1) passed by the Madhya Pradesh State Cooperative Tribunal, Bhopal in appeal filed by the respondent No.4, whereby application under Section 5 of the Limitation Act filed alongwith appeal has been allowed and delay in filing the appeal has been condoned.

2.From the facts of the case, it appears that petitioner, who was appointed on compassionate basis, on the post of Peon in Jila Sahakari Kendriya Bank Maryadit (respondent No.4 herein) on 16.02.2008. On certain allegations of moral turpitude, services of petitioner have been terminated on 01.11.2017 and communicated to the petitioner vide letter dated 30.11.2017. Then petitioner preferred dispute before the Deputy Registrar, Cooperative Society (DRCS) on the ground of violation of principles of nature justice.

Said dispute was allowed vide order dated 28.11.2019. 3.Thereafter, it appears that respondent No.4 could not file the appeal within limitation and due to wrath of COVID – 19 pandemic, appeal was filed on 13.07.2020, therefore, delay of some months ensued. Learned Tribunal allowed the said application looking to the lock-down situation because of COVID – 19 pandemic as well as subsequent period of relaxation of limitation by the Hon’ble Apex Court.

4.Learned counsel for the petitioner advanced arguments and tried to make a dent on impugned order.

5.Learned Government Advocate for the respondent/State opposed the prayer and prayed for dismissal of this petition.

6.Heard the learned counsel for the parties and perused the documents appended thereto.

7.It is settled in law that while considering the application for condonation of delay, it is not length of delay, but the sufficiency of cause is to be considered.

8.In the present case, Deputy Registrar, Cooperative Society has passed the order on 28.11.2019 and thereafter, appeal was preferred before competent authority on 13.07.2020 and delay in filing the appeal has been explained in the application which is part of record. One employee, who displayed casualness, was show- caused also for his lethargic act. Due to procedural inertia and more because of wrath of COVID – 19 pandemic, when all activities came to a grinding halt in March 2020, appeal was preferred in July, 2020. In fact, it was a remarkable feat on behalf of bank because at that time, all major procedural works were kept in abeyance due to lock-down. Even otherwise, Apex Court gave benefit of relaxation in limitation w.e.f. March 2020 till February 2022. Therefore, delay ought to have been condoned. 9.In the given facts and circumstances of the case, learned Tribunal has rightly condoned the delay while looking to the sufficiency of cause. Therefore, no case for interference is made out. Petition is misconceived and thus, dismissed with cost of Rs.500/- to be deposited by the petitioner within one month in favour of High Court Bar Association, Gwalior.