(Per : HONOURABLE MR.JUSTICE D.H.WAGHELA)
1. This application for condoning delay of 555 days in preferring the appeal is objected by the respondent, who relied upon the observations made by the Hon'ble Apex court in recent decision in the case of Office of Chief Postmaster General v/s Living Media India Ltd. [(2012) 3 SCC 563].
2 According to the averments made in the application, the impugned order of learned single judge was made on 1.7.2010; copy of which was received on 27.7.2010 and opinion of learned Government Pleader was sought on 18.08.2010. Thereafter, on 15.2.2011 the file was submitted for obtaining opinion from the Legal Department. On 21.4.2011, Secretory, Revenue Department called an officer concerned for discussion and thereafter on 3.8.2011, the file was again sent to Legal Department. Ultimately on 23.9.2011, Joint Secretory, Legal Department came to the conclusion that appeal was to be filed. Then the file was sent to the office of learned Government Pleader on 21.11.2011 for filing an appeal. Thereafter, learned Assistant Government Pleader called for certain documents, which were received on 7.12.2011, after which the appeal as well as the present application came to be filed in late January, 2012.
3. The above chronology of events and the averments scrupulously avoided making of any statement explaining the delay caused at every stage. Therefore, in absence of any explanation, much less satisfactory explanation for the delay caused by movement of the file, inordinate delay of more than 18 months can not be condoned.
4. As observed by the Apex Court in the aforesaid judgment : "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 bonafide effort, there is no need to accept 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 government departments ............."
5. Following the spirit and ratio of the above observations and in absence of any satisfactory explanation for the delay, the application is dismissed and rule is discharged with no order as to costs.
( D.H.WAGHELA, J.) (G.B.SHAH, J.) cmj/ Top