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SLP(C)No.__/2013 @CC No. 20855 of 2013

NON-REPORTABLE

IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION

SPECIAL LEAVE PETITION (CIVIL) NO. _882_/ 2014 (Arising out of CC No. 20855 of 2013)

State of U.P. Thr. Exe. Engineer & Anr. …. Petitioner(s)

Versus

Amar Nath Yadav …..Respondent(s)

J U D G M E N T

A.K. SIKRI, J.

1.There is a delay of 481 days in filing this Special Leave Petition and by means of  

present application petitioner seeks condonation thereof.

2.In the application the petitioner has attributed the delay to the moving of file from  

one  Department/  Officer  to  the  other.  We  hardly  find  this  to  be  a  sufficient  

explanation  for  condoning  such  an  abnormal  delay.  This  Court  in  the  case  of  

Postmaster General and Ors. vs. Living Media India Ltd.; (2012) 3 SCC 563 has  

deprecated such practices on the part of the Government Authorities/ Departments  

in the following words:-

“It is not in dispute that the person(s) concerned were well aware or  

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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.  

Though we are conscious of the fact that in a 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, 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.  

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  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.  

Considering the fact that there was no proper explanation offered by  the Department for the delay except mentioning of various dates,  according to us, the Department has miserably failed to give any  acceptable  and cogent reasons sufficient  to condone such a huge  delay.  Accordingly,  the appeals are liable to be dismissed on the  ground of delay.

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3.We further find that in identical circumstances in similar type of case which also  

arose against the award of the Labour Court, upheld by the High Court this court  

had refused to condone the delay and dismissed the Special Leave Petition on that  

ground.  That  was  CC No.  5368/2013 titled  State  of  U.P.  & Ors.  vs.  Hanuman  

which was dismissed on 11.3.2013. We had summoned the file of that case and find  

both the cases are almost similar. Therefore, there is no reason to take a different  

view. We thus, dismiss this SLP on the ground of delay.

…........................................J. [K.S. RADHAKRISHNAN]

…........................................J. [A.K. SIKRI]

New Delhi January 10, 2014

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