State loses appeal after 568-day delay deemed inexcusable despite knowing 30-day limitation period

State of Jharkhand And ORS. Versus Kamal Kishore Singh, Mr. Ram Krishna Ram, Mr. Raymond Kerketta, Mr. Ganesh Dubey

State of Jharkhand And ORS. Versus Kamal Kishore Singh, Mr. Ram Krishna Ram, Mr. Raymond Kerketta, Mr. Ganesh Dubey - TMI Issues Involved:
1. Condonation of delay.
2. Legality and propriety of the impugned order on merit.

Condonation of Delay:
The appeal was barred by an inordinate delay of 568 days. The appellants filed an application (I.A. No. 11277 of 2019) to condone this delay, citing procedural steps and bureaucratic processes as reasons for the delay. The Court emphasized that the law of limitation is enshrined in the legal maxim "interest reipublicae ut sit finis litium" and referred to several precedents, including Brijesh Kumar & Ors. Vrs. State of Haryana & Ors., (2014) 11 SCC 351, and Post Master General & Ors. Vrs. Living Media India Limited & Anr., (2012) 3 SCC 563, which stress that the law of limitation binds everyone, including the government, and that condonation of delay should not be granted mechanically.

The Court noted that the appellants failed to provide specific dates or sufficient explanations for the delay in obtaining the certified copy of the impugned order and the subsequent bureaucratic processes. The Court found the explanation to be vague and insufficient to justify the inordinate delay, emphasizing that the State authorities should have acted with due diligence, knowing that the intra-court appeal must be filed within 30 days. Consequently, the delay condonation application was dismissed.

Legality and Propriety of the Impugned Order:
Given the dismissal of the delay condonation application, the Court did not proceed to examine the legality and propriety of the impugned order on merit. The instant intra-court appeal was dismissed as a result.

Conclusion:
The delay condonation application (I.A. No. 11277 of 2019) was dismissed due to insufficient cause for the inordinate delay of 568 days. Consequently, the intra-court appeal was also dismissed. The Interlocutory Application (I.A. No. 5510 of 2021) was dismissed as well.