Government Petition Dismissed for Delay Despite Internal Movements The court dismissed the Special Leave Petition due to a significant delay of 481 days in filing, despite the petitioner's explanation attributing the ...
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Government Petition Dismissed for Delay Despite Internal Movements
The court dismissed the Special Leave Petition due to a significant delay of 481 days in filing, despite the petitioner's explanation attributing the delay to internal file movements. The court emphasized that government departments must adhere to the law of limitation and provide valid justifications for delays, as condonation of delay should not be routine. Citing a previous case with similar circumstances, where delay was not condoned, the court held that the appeal must be dismissed on the grounds of delay.
Issues: Delay in filing Special Leave Petition
Analysis: The judgment pertains to a delay of 481 days in filing a Special Leave Petition, with the petitioner seeking condonation thereof. The petitioner attributed the delay to the movement of files between different departments/officers. However, the court found this explanation insufficient, citing a previous case where such practices by government authorities/departments were deprecated. The court emphasized that the law of limitation applies to everyone, including the government, and that condonation of delay should not be a routine benefit. The court stressed that government departments must diligently perform their duties and provide reasonable and acceptable explanations for delays. In this case, as the department failed to offer a proper explanation for the significant delay, the court held that the appeals are liable to be dismissed on the ground of delay.
Analysis: In a similar case involving a delay in filing a Special Leave Petition against the award of the Labour Court, which was upheld by the High Court, the Supreme Court had previously refused to condone the delay and dismissed the petition on that ground. The court compared the current case to the previous one where the delay was not condoned, finding both cases to be almost identical. Consequently, the court dismissed the Special Leave Petition in the present case on the grounds of delay, in line with the previous judgment.
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