Inordinate Delay of 575 Days | Bureaucratic Red Tape & Pending Contempt Not 'Sufficient Cause' for Condonation: Jharkhand HC - 2025-07-22

Jharkhand HC Dismisses State's Appeal Filed After 575-Day Delay, Cites 'Lack of Bona Fides'

Ranchi, Jharkhand – The Jharkhand High Court has dismissed a Letters Patent Appeal filed by the State of Jharkhand, refusing to condone an inordinate delay of 575 days. The Division Bench, comprising Acting Chief Justice Sujit Narayan Prasad and Justice Rajesh Kumar , held that explanations like "movement of file from one table to another" and the pendency of a contempt petition do not constitute "sufficient cause" for such a prolonged delay.

The Court emphasized that the law of limitation binds everyone, including the government, and condonation of delay cannot be granted mechanically, especially when there is a lack of bona fide action.

Case Background

The appeal was filed by the State against a single-judge order dated June 8, 2022. The original order had directed the State to consider the regularization of several employees (the respondents) who had been working since the 1990s. The employees, including Shahdeo Paswan, had argued that they had served for over ten years and participated in an examination for Grade-IV posts in 2011, which was later cancelled. When the State failed to act on the single-judge's directive, the employees initiated contempt proceedings. Subsequently, the State filed the present appeal, 575 days after the judgment.

State's Arguments for Condonation

The State, represented by AAG-II Mr. Sachin Kumar, sought condonation of delay on the following grounds:

- Procedural Delays: The file moved through the legal section for advice, and time was taken to obtain the certified copy of the order.

- Pendency of Contempt Proceedings: The delay was attributed to the ongoing contempt proceedings initiated by the employees.

- Merits of the Case: The State argued that the original writ petitioners were not appointed against sanctioned posts, a requirement laid down in State of Karnataka vrs. Uma Devi .

Court's Analysis: No 'Sufficient Cause' for Delay

The High Court focused its decision squarely on the application for condonation of delay before delving into the merits of the appeal. The bench meticulously analyzed the principles governing the LIMITATION ACT , citing several Supreme Court judgments.

The court heavily relied on the Supreme Court's stance in Post Master General & Ors. Vrs. Living Media India Limited & Anr. , which established that government bodies cannot take refuge behind "impersonal machinery and inherited bureaucratic methodology."

> “The government departments are under a special obligation to ensure that they perform their duties with diligence and commitment. Condonation of delay is an exception and should not be used as an anticipated benefit for the government departments,” the bench quoted.

Applying this principle, the court found the State's explanation wanting. It observed that the reasons provided—file movement and pendency of a contempt case—were not justifiable excuses for the significant delay.

> "This Court fails to understand that... the State-appellant instead of complying with the order of the learned Single Judge has also faced the contempt proceeding and chosen to file the instant appeal after inordinate delay of 575 days to save it from contempt proceeding which is not justified at all," the judgment stated.

The bench concluded that the State's conduct showed a "lack of bona fides" and "inaction," which are crucial factors in deciding on condonation. The court also noted a pattern of such delayed filings by the State of Jharkhand, referencing previous SLPs dismissed by the Supreme Court on similar grounds.

Final Decision

Finding no "sufficient cause" to justify the 575-day delay, the High Court dismissed the condonation application (I.A. No. 53 of 2024). Consequently, the main appeal (L.P.A No.659 of 2023) was also dismissed, upholding the single judge's original order directing the State to consider the employees' regularization.