Court rejects delay condonation in Revision Petition due to inadequate reasons, emphasizes prompt action needed. The court dismissed the application for condonation of delay in filing a Revision Petition due to insufficient and unacceptable reasons provided for the ...
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Court rejects delay condonation in Revision Petition due to inadequate reasons, emphasizes prompt action needed.
The court dismissed the application for condonation of delay in filing a Revision Petition due to insufficient and unacceptable reasons provided for the delay. The court noted the misuse of leniency towards the department in condoning delays and emphasized the department's failure to act promptly despite receiving advice and reminders. As a result, the application for condonation of delay was rejected, leading to the dismissal of the Revision Petition.
Issues: Condonation of delay in filing a Revision Petition.
Analysis: 1. The petitioner sought condonation of a 105-day delay in filing a Revision Petition against an order dated 11th February, 2010. The reasons provided for the delay included the time taken for obtaining a certified copy of the order, subsequent advice to the department to challenge the order, and reminders sent to the department by the counsel. The department eventually decided to file the revision petition on 25th August, 2010, leading to the delay in filing.
2. The judge noted that courts' leniency towards the department in condoning delays was being misused. It was highlighted that the department, upon receiving advice to challenge the order immediately after it was passed, failed to take action within a reasonable time. The Standing Counsel of the department was involved in advising the department, making it clear that the order needed to be challenged within the specified time limit. Despite reminders from the counsel, the department did not act promptly.
3. The court found the explanation provided for the delay to be insufficient and unacceptable. It was concluded that there was no merit in the application for condonation of delay. Consequently, the application for condonation of delay was dismissed, leading to the dismissal of the Revision Petition as well.
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