The High Court
Case Details
1 IN THE HIGH COURT OF JHARKHAND AT RANCHI L.P.A. No.407 of 2021 ------ 1. The State of Jharkhand. 2. Home Secretary, Government of Jharkhand, Ranchi, Project Building, P.O. & P.S. Dhurwa, District Ranchi. 3. Director General cum Inspector General of Police, Jharkhand, Ranchi, Project Building, PO+PS – Dhurwa, Ranchi. 4. Inspector General of Police (Budget), Police Headquarter, Jharkhand, Ranchi, Project Building, PO+PS – Dhurwa, District-Ranchi 5. Superintendent of Police (Establishment), Special Branch, Jharkhand, Ranchi, Project Building, PO+PS – Dhurwa, District - Ranchi …. …. Respondents / Appellants Versus Sitaram Mehta, S/o Late Mahabir Mehta, R/o Village- Chanda, PO+PS-Ichak, Dist-Hazaribagh.. .... .... Petitioner/Respondent ----- CORAM : HON’BLE MR. JUSTICE SUJIT NARAYAN PRASAD HON’BLE MR. JUSTICE NAVNEET KUMAR ------ For the Appellants : Mr. Binit Chandra, AC to AAG-III Order No.07/Dated 31st July, 2023 ------ Per Sujit Narayan Prasad, J.: The instant intra-court appeal, under clause 10 of the Letters Patent, is directed against the order/judgment dated 02.11.2018 passed by learned Single Judge of this Court in W.P. (S) No. 3701 of 2016 whereby and whereunder the writ petition has been disposed of directing the petitioner to file a fresh representation, annexing all the documents on which he is relying, within a period of three weeks from the date of receipt of a copy of the order. Further, the respondents have been directed to consider the representation taking into account that the advance amount was sanctioned prior to 2 retirement and it was only in the midst of treatment, the petitioner superannuated and as such technicalities cannot come in the way of medical reimbursement in view of the observation made by the Hon‘ble Apex Court in case of Shiva Kant Jha Vs. Union of India, reported in JT 2018 (4) SC 269, within a further period of six week. I.A. No. 11898 of 2022 2. The instant appeal is admittedly barred by limitation since there is delay of 467 days in preferring the appeal, therefore, an application being I.A. No. 11898 of 2022 has been filed for condoning such delay. 3. This Court, after taking into consideration the fact that the instant intra-court appeal has been field after inordinate delay of 467 days, deems it fit and proper, to first consider the delay condonation application before going into the legality and propriety of the impugned order on merit 4. Learned counsel for the applicant-appellant has submitted that delay in preferring the appeal may be condoned by allowing the Interlocutory Application on the basis of grounds shown therein treating the same to be sufficient. 5. The grounds for condoning the delay in preferring the appeal, as has been mentioned at paragraph 4 onwards of the interlocutory application is that the judgment dated 3 02.11.2018 was communicated by the office of Hon‘ble Jharkhand High Court vide its letter dated 08.12.2018. Thereafter, the file was placed before the AIG to DGP on 31.12.2018 for necessary action, who made an endorsement on 04.01.2019 to place the file before the DIG (Budget), Jharkhand so that an appropriate decision could be taken on the matter. The entire records of the case were summoned from the concerned Law Officer, which consumed substantial time. The concerned file then forwarded to the office of the Learned Advocate General, Jharkhand for legal opinion. The Learned Advocate General has given his legal opinion on the matter for filing the instant appeal. Thereafter, the concerned file was processed finally to be placed before the Learned Advocate General, Jharkhand for preferring a Letters Patent Appeal against the Judgment passed by the learned Single Judge after seeking approval from the Director General of Police, Jharkhand. The necessary approval for filing the Letters Patent Appeal against the impugned Judgment was granted finally on 24.10.2019. In the meantime, there was a nationwide lockdown implemented in the month of March, 2020 in order to curb the spread of Covid-19 on account of which only emergency services were ordered to be opened. The offices of the answering respondents was also closed on account of the restrictions imposed by the Government of India. In order to curb the spread of the deadly Covid-19 4 within the State of Jharkhand, several administrative decisions were required to be taken and implemented at threshold on urgent basis due to which several routine matters/decisions also got delayed. Subsequently the restriction imposed by the lockdown were relaxed. However, no information was received in the office of the appellant regarding filing of the instant Letters Patent Appeal. Thereafter intimation was given to the Learned Advocate General, who requested to provide the statement of fact upon which it came to the knowledge of the appellants that the Letters Patent Appeal could not be filed due to inadvertence. Accordingly the statement of fact was provided to the office of the Learned Advocate General, who handed over the file to the concerned Law Officer. Thereafter, the office of the concerned Law Officer drafted the instant Letters Patent Appeal without any unreasonable delay and the same was filed at the earliest. 6.
Legal Reasoning
7. There is no dispute about the fact that generally the lis is not to be rejected on the technical ground of limitation but certainly if the filing of appeal suffers from inordinate delay, 5 then the duty of the Court is to consider the application to condone the delay before entering into the merit of the lis. 8. It requires to refer herein that the Law of limitation is enshrined in the legal maxim interest reipublicae ut sit finis litium (it is for the general welfare that a period be put to litigation). Rules of limitation are not meant to destroy the rights of the parties, rather the idea is that every legal remedy must be kept alive for a legislatively fixed period of time, as has been held in the judgment rendered by the Hon‘ble Apex Court in Brijesh Kumar & Ors. Vrs. State of Haryana & Ors., (2014) 11 SCC 351. 9. The Privy Council in General Accident Fire and Life Assurance Corpn. Ltd. v. Janmahomed Abdul Rahim, (1939-40) 67 IA 416, relied upon the writings of Mr. Mitra in Tagore Law Lecturers, 1932, wherein, it has been said that: ―A Law of limitation and prescription may appear to operate harshly and unjustly in a particular case, but if the law provides for a limitation, it is to be enforced even at the risk of hardship to a particular party as the Judge cannot, on equitable grounds, enlarge the time allowed by the law, postpone its operation, or introduce exceptions not recognized by law.‖ 10. In P.K. Ramachandran v. State of Kerala, (1997) 7 SCC 556, the Apex Court while considering a case of condonation of delay of 565 days, wherein no explanation much less a reasonable or satisfactory explanation for 6 condonation of delay had been given, held at paragraph-6 as under: ―6. Law of limitation may harshly affect a particular party but it has to be applied with all its rigour when the statute so prescribes and the courts have no power to extend the period of limitation on equitable grounds.‖ 11. While considering the similar issue, this Court in Esha Bhattacharjee v. Raghunathpur Nafar Academy, (2013) 12 SCC 649, wherein, it has been held as under: ―21.5 (v) Lack of bona fides imputable to a party seeking condonation of delay is a significant and relevant fact. 21.7. (vii) The concept of liberal approach has to encapsulate the conception of reasonableness and it cannot be allowed a totally unfettered free play. 21.9. (ix) the conduct, behavior and attitude of a party relating to its inaction or negligence are relevant factors to be taken into consideration. It is so as the fundamental principle is that the courts are required to weigh the scale of balance of justice in respect of both parties and the said principle cannot be given a total go-by in the name of liberal approach. 22.4. (d) The increasing tendency to perceive delay as a non-serious matter and, hence, lackadaisical propensity can be exhibited in a nonchalant manner requires to be curbed, of course, within legal parameters.‖ 12. It is settled position of Law that when a litigant does not act with bona fide motive and at the same time, due to inaction and laches on its part, the period of limitation for filing the appeal expires, such lack of bona fide and gross 7 inaction and negligence are the vital factors which should be taken into consideration while considering the question of condonation of delay. Reference in this regard may be made to the judgment rendered by the Division Bench of Gujarat High Court in State of Gujarat through Secretary & Anr. Vrs. Kanubhai Kantilal Rana, 2013 SCC Online Guj. 4202, wherein, at pargraph-17, it has been held that ―Law having prescribed a fixed period of limitation of 30 days for preferring the appeal, the Government cannot ignore the provisions of the period of limitation as it was never the intention of the legislature that there should be a different period of limitation when the Government is the appellant.‖ 13. In the case of Post Master General & Ors. Vrs. Living Media India Limited & Anr., [(2012) 3 SCC 563], it has been held by the Hon‘ble Apex Court at paragraphs 27 to 29 as under: ―27. It is not in dispute that the person(s) concerned were well aware or conversant with the issues involved including the prescribed period of limitation for taking up the matter by way of filing a special leave petition in this Court. They cannot claim that they have a separate period of limitation when the Department was possessed with competent persons familiar with court proceedings. In the absence of plausible and acceptable explanation, we are posing a question why the delay is to be condoned mechanically merely because the Government or a wing of the Government is a party before us. 28. Though we are conscious of the fact that in a 8 matter of condonation of delay when there was no gross negligence or deliberate inaction or lack of bona fides, a liberal concession has to be adopted to advance substantial justice, we are of the view that in the facts and circumstances, the Department cannot take advantage of various earlier decisions. The claim on account of impersonal machinery and inherited bureaucratic methodology of making several notes cannot be accepted in view of the modern technologies being used and available. The law of limitation undoubtedly binds everybody, including the Government. 29. In our view, it is the right time to inform all the government bodies, their agencies and instrumentalities that unless they have reasonable and acceptable explanation for the delay and there was bona fide effort, there is no need to accept the usual explanation that the file was kept pending for several months/years due to considerable degree of procedural red tape in the process. 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 law shelters everyone under the same light and should not be swirled for the benefit of a few.‖ 14. Likewise, the Hon‘ble Apex Court in State of Madhya Pradesh & Anr. Vrs. Chaitram Maywade, [(2020) 10 SCC 667], after referring to the judgment rendered by the Hon‘ble Apex Court in Post Master General & Ors. Vrs. Living Media India Limited & Anr. (supra,) has held at paragraphs 1 to 5 as hereunder: ―1.The State of Madhya Pradesh continues to do the same thing again and again and the conduct seems 9 to be incorrigible. The special leave petition has been filed after a delay of 588 days. We had an occasion to deal with such inordinately delayed filing of the appeal by the State of Madhya Pradesh in State of M.P. v. Bherulal [State of M.P. v. Bherulal, (2020) 10 SCC 654] in terms of our order dated 15-10-2020. 2. We have penned down a detailed order in that case and we see no purpose in repeating the same reasoning again except to record what are stated to be the facts on which the delay is sought to be condoned. On 5-1-2019, it is stated that the Government Advocate was approached in respect of the judgment delivered on 13-11-2018 [Chaitram Maywade v. State of M.P., [2018 SCC OnLine HP 1632] and the Law Department permitted filing of the SLP against the impugned order on 26-5-2020. Thus, the Law Department took almost about 17 months’ time to decide whether the SLP had to be filed or not. What greater certificate of incompetence would there be for the Legal Department. 3. We consider it appropriate to direct the Chief Secretary of the State of Madhya Pradesh to look into the aspect of revamping the Legal Department as it appears that the Department is unable to file appeals within any reasonable period of time much less within limitation. These kinds of excuses, as already recorded in the aforesaid order, are no more admissible in view of the judgment in Postmaster General v. Living Media (India) Ltd. [Postmaster General v. Living Media (India) Ltd., (2012) 3 SCC 563] 4. We have also expressed our concern that these kinds of the cases are only ―certificate cases‖ to obtain a certificate of dismissal from the Supreme Court to put a quietus to the issue. The object is to save the skin of officers who may be in default. We have also recorded the irony of the situation where no action is taken against the officers who sit on 10 these files and do nothing. 5. Looking to the period of delay and the casual manner in which the application has been worded, the wastage of judicial time involved, we impose costs on the petitioner State of Rs 35,000 to be deposited with the Mediation and Conciliation Project Committee. The amount be deposited within four weeks. The amount be recovered from the officer(s) responsible for the delay in filing and sitting on the files and certificate of recovery of the said amount be also filed in this Court within the said period of time. We have put to Deputy Advocate General to caution that for any successive matters of this kind the costs will keep on going up.‖ 15. The Hon‘ble Apex Court in Ramlal, Motilal and Chhotelal Vrs. Rewa Coalfields Ltd., (1962) 2 SCR 762, has held that merely because sufficient cause has been made out in the facts of the given case, there is no right to the appellant to have delay condoned. At paragraph-12, it has been held as hereunder:- ―12. It is, however, necessary to emphasise that even after sufficient cause has been shown a party is not entitled to the condonation of delay in question as a matter of right. The proof of a sufficient cause is a condition precedent for the exercise of the discretionary jurisdiction vested in the court by Section 5. If sufficient cause is not proved nothing further has to be done; the application for condoning delay has to be dismissed on that ground alone. If sufficient cause is shown then the court has to enquire whether in its discretion it should condone the delay. This aspect of the matter naturally introduces the consideration of all relevant facts and it is at this stage that diligence of the party or its bona fides may fall for 11 consideration; but the scope of the enquiry while exercising the discretionary power after sufficient cause is shown would naturally be limited only to such facts as the court may regard as relevant. It cannot justify an enquiry as to why the party was sitting idle during all the time available to it. In this connection we may point out that considerations of bona fides or due diligence are always material and relevant when the court is dealing with applications made under Section 14 of the Limitation Act. In dealing with such applications the court is called upon to consider the effect of the combined provisions of Sections 5 and 14. Therefore, in our opinion, considerations which have been expressly made material and relevant by the provisions of Section 14 cannot to the same extent and in the same manner be invoked in dealing with applications which fall to be decided only under Section 5 without reference to Section 14. In the present case there is no difficulty in holding that the discretion should be exercised in favour of the appellant because apart from the general criticism made against the appellant’s lack of diligence during the period of limitation no other fact had been adduced against it. Indeed, as we have already pointed out, the learned Judicial Commissioner rejected the appellant’s application for condonation of delay only on the ground that it was appellant’s duty to file the appeal as soon as possible within the period prescribed, and that, in our opinion, is not a valid ground. 16. Thus, it is evident that while considering the delay condonation application, the Court of Law is required to consider the sufficient cause for condonation of delay as also the approach of the litigant as to whether it is bona fide or not as because after expiry of the period of limitation, a right is 12 accrued in favour of the other side and as such, it is necessary to look into the bona fide motive of the litigant and at the same time, due to inaction and laches on its part. 17. It also requires to refer herein that what is the meaning of ‗sufficient cause‘. The consideration of meaning of ‗sufficient cause‘ has been made in Basawaraj & Anr. Vrs. Spl. Land Acquisition Officer, [(2013) 14 SCC 81], wherein, it has been held by the Hon‘ble Apex Court at paragraphs 9 to 15 hereunder:- ―9. Sufficient cause is the cause for which the defendant could not be blamed for his absence. The meaning of the word ―sufficient‖ is ―adequate‖ or ―enough‖, inasmuch as may be necessary to answer the purpose intended. Therefore, the word ―sufficient‖ embraces no more than that which provides a platitude, which when the act done suffices to accomplish the purpose intended in the facts and circumstances existing in a case, duly examined from the viewpoint of a reasonable standard of a cautious man. In this context, ―sufficient cause‖ means that the party should not have acted in a negligent manner or there was a want of bona fide on its part in view of the facts and circumstances of a case or it cannot be alleged that the party has ―not acted diligently‖ or ―remained inactive‖. However, the facts and circumstances of each case must afford sufficient ground to enable the court concerned to exercise discretion for the reason that whenever the court exercises discretion, it has to be exercised judiciously. The applicant must satisfy the court that he was prevented by any ―sufficient cause‖ from prosecuting his case, and unless a satisfactory explanation is furnished, the court should not allow the application for 13 condonation of delay. The court has to examine whether the mistake is bona fide or was merely a device to cover an ulterior purpose. (See Manindra Land and Building Corpn. Ltd. v. Bhutnath Banerjee [AIR 1964 SC 1336], Mata Din v. A. Narayanan [(1969) 2 SCC 770], Parimal v. Veena [(2011) 3 SCC 545] and Maniben Devraj Shah v. Municipal Corpn. of Brihan Mumbai [(2012) 5 SCC 157].) 10. In Arjun Singh v. Mohindra Kumar [AIR 1964 SC 993] this Court explained the difference between a ―good cause‖ and a ―sufficient cause‖ and observed that every ―sufficient cause‖ is a good cause and vice versa. However, if any difference exists it can only be that the requirement of good cause is complied with on a lesser degree of proof than that of ―sufficient cause‖. 11. The expression ―sufficient cause‖ should be given a liberal interpretation to ensure that substantial justice is done, but only so long as negligence, inaction or lack of bona fides cannot be imputed to the party concerned, whether or not sufficient cause has been furnished, can be decided on the facts of a particular case and no straitjacket formula is possible. (Vide Madanlal v. Shyamlal [(2002) 1 SCC 535] and Ram Nath Sao v. Gobardhan Sao [(2002) 3 SCC 195] .) 12. It is a settled legal proposition that law of limitation may harshly affect a particular party but it has to be applied with all its rigour when the statute so prescribes. The court has no power to extend the period of limitation on equitable grounds. ―A result flowing from a statutory provision is never an evil. A court has no power to ignore that provision to relieve what it considers a distress resulting from its operation.‖ The statutory provision may cause hardship or inconvenience to a particular party but the court has no choice but to 14 enforce it giving full effect to the same. The legal maxim dura lex sed lex which means ―the law is hard but it is the law‖, stands attracted in such a situation. It has consistently been held that, ―inconvenience is not‖ a decisive factor to be considered while interpreting a statute. 13. The statute of limitation is founded on public policy, its aim being to secure peace in the community, to suppress fraud and perjury, to quicken diligence and to prevent oppression. It seeks to bury all acts of the past which have not been agitated unexplainably and have from lapse of time become stale. According to Halsbury’s Laws of England, Vol. 28, p. 266: ―605. Policy of the Limitation Acts.—The courts have expressed at least three differing reasons supporting the existence of statutes of limitations namely, (1) that long dormant claims have more of cruelty than justice in them, (2) that a defendant might have lost the evidence to disprove a stale claim, and (3) that persons with good causes of actions should pursue them with reasonable diligence.‖ An unlimited limitation would lead to a sense of insecurity and uncertainty, and therefore, limitation prevents disturbance or deprivation of what may have been acquired in equity and justice by long enjoyment or what may have been lost by a party’s own inaction, negligence or laches. (See Popat and Kotecha Property v. SBI Staff Assn. [(2005) 7 SCC 510] , Rajender Singh v. Santa
Arguments
We have heard the learned counsel for the appellants on delay condonation application and before considering the same, this Court, deems it fit and proper to refer certain legal proposition as has been propounded by the Hon‘ble Apex Court with respect to the approach of the Court in condoning the inordinate delay.
Decision
order in over-jubilation of disposal drive. Acceptance of explanation furnished should be the rule and refusal, an exception, more so when no negligence or inaction or want of bona fides can be imputed to the defaulting party. On the other hand, while considering the matter the courts should not lose sight of the fact that by not taking steps within the time prescribed a valuable right has accrued to the other party which should not be lightly defeated by condoning delay in a routine-like manner. However, by taking a pedantic and hypertechnical view of the matter the explanation furnished should not be rejected when stakes are high and/or arguable points of facts and law are involved in the case, causing enormous loss and irreparable injury to the party against whom the lis terminates, either by default or inaction and defeating valuable right of such a party to have the decision on merit. While considering the matter, courts have to strike a balance between resultant effect of the order it is going to pass upon the parties either way.‖ 20. This Court, after considering the aforesaid proposition and the explanation furnished in the delay condonation 18 application to condone the inordinate delay of 467 days, is proceeding to examine as to whether the explanation furnished can be said to be sufficient explanation for condoning the delay. 21. It is evident from the judgments referred hereinabove, wherein, expression ‗sufficient cause‘ has been dealt with which means that the party should not have acted in a negligent manner or there was a want of bona fide on its part in view of the facts and circumstances of a case or it cannot be alleged that the party has ―not acted deliberately‖ or ―remained inactive‖. 22. This Court, in order to assess as to whether the ground as has been referred in paragraph 4 onwards can be considered to be sufficient cause for condoning the delay of 467 days in filing the appeal, has scrutinized the record and found therefrom that the order was passed on 02.11.2018 in presence of the learned counsel for the State. 23. The requisition for obtaining certified copy of the order is dated 03.01.2022 which was supplied on 14.01.2022. It appears from the record that the appeal has been filed prior to obtaining certified copy of the impugned order and when the defect was pointed out by the office, then the requisition for obtaining certified copy was made. 24. Further, the ground as has been taken in the interlocutory application is that the necessary approval for 19 filing the Letters Patent Appeal against the impugned Judgment was finally granted on 24.10.2019 and in the meantime, there was a nationwide lockdown implemented in the month of March, 2020 in order to curb the spread of Covid-19. The offices of the answering respondents were also closed on account of the restrictions imposed by the Government which caused the delay in filing the instant Letters Patent Appeal. 25. Although one of the reasons for delay, as has been taken in the interlocutory application, is that due to nationwide lockdown implemented in the month of March, 2020 in order to curb the spread of Covid-19, the offices of the answering respondents were also closed and that caused the delay in filing the instant appeal, but this Court is not satisfied with the aforesaid reason because when approval for filing the appeal was granted on 24.10.2019 there was no lockdown and the lockdown implemented in the month of March, 2020 only and it cannot be said to be a ground considering it to be a sufficient ground to condone the delay. 26. This Court, therefore, is of the view that the explanation which has been furnished by the respondents-appellants in the delay condonation application, cannot be said to be a sufficient cause to condone the inordinate delay. 27. The coordinate Bench of this Court has passed an order in L.P.A. No.86 of 2021 on 05.01.2022 rejecting the delay 20 condonation application since the appeal was filed after delay of about 687 days without any sufficient cause to condone the delay. 28. The reference of another case is required to be made herein of an order passed by the coordinate Bench of this Court in L.P.A. No.835 of 2019, wherein, the issue of condoning the delay of 568 days was under consideration. 29. The coordinate Bench of this Court has not found the reason furnished by the State appellants therein to be sufficient cause on the ground of movement of file from one table to another by putting reliance upon the judgment rendered by the Hon‘ble Apex as referred hereinabove. 30. The State appellant has travelled to the Hon‘ble Apex Court by filing the SLP being SLP No.7755 of 2022 and has challenged the order passed in L.P.A. No.835 of 2019 but the said SLP No.7755 of 2022 has been dismissed as would appear from the order dated 13.05.2022. 31. Recently, the Hon‘ble Apex Court has also dismissed one Special Leave to Appeal (C) Nos.8378-8379/2023 on 28th April, 2023 filed by the State of Jharkhand which was filed against the order passed by this Court in L.P.A. No.99 of 2021, wherein the coordinate Bench of this Court dismissed the said appeal on the basis of delay of 534 days in filing of the appeal. 32. This Court, after taking into consideration the ratio laid 21 by the Hon‘ble Apex Court in the judgments referred hereinabove as also the explanation furnished in the delay condonation application, is of the view that no sufficient cause has been shown to condone inordinate delay of 467 days in filing the appeal. 33. Accordingly, the delay condonation application being I. A. No. 11898 of 2022 is hereby dismissed. 34. In consequence thereof, the instant appeal also stands dismissed. 35. Pending interlocutory applications, if any, also stand dismissed. (Sujit Narayan Prasad, J.) (Navneet Kumar, J.) Birendra/A.F.R.