In a recent ruling, the Delhi High Court highlighted the principle that the condonation of delay should not be used as a convenience by Government departments.
Justice Chandra Dhari Singh, while addressing a case involving the Delhi Government's health department, stated that Government agencies should not be treated differently when it comes to seeking condonation of delay.\
Brief Facts:
The case pertained to an application filed by the Delhi Government's health department seeking condonation of delay of 651 days in restoring a petition that had been dismissed in default in May 2017. The court noted that despite having substantial resources at their disposal, the health department had failed to take timely action. The court emphasized that Government departments are under a special obligation to perform their duties diligently and committedly.
Contentions of the Petitioner (Delhi Government's Health Department):
The petitioner argued that the delay in filing the restoration application (691 days) was due to frequent changes in panel advocates, leading to confusion and mismanagement of case files. They claimed that lack of awareness about the case's pendency and non-return of case files by the previous advocate were contributing factors. The petitioner asserted that Government departments should be given leeway due to bureaucratic complexities and that the reasons provided constituted sufficient cause for the delay.
Contentions of the Respondent (Opposing Party):
The respondent, a senior citizen, stressed that allowing the restoration application after 691 days would cause them irreparable loss, despite having received a favorable award from the Labor Court. They pointed out that the petitioner had received notices to comply with Labor Court orders, indicating a lack of diligence. The respondent argued that the delay was not ordinary and couldn't be justified based on the petitioner's reasons. They cited legal principles emphasizing adherence to timelines and procedural rules, even for Government departments. The respondent maintained that the petitioner's application lacked merit due to inadequate grounds and past non-compliance.
Observations by the Court:
Justice Singh expressed dissatisfaction with the department's explanations for the delay, highlighting that there was evidence of non-seriousness in pursuing the matter. The department had failed to comply with court orders in earlier instances as well. The court observed that the Government's application for restoration was filed only after a significant delay and without reasonable justification.
"The condonation of delay is an exception which should not be used as per convenience of the Government Departments," Justice Singh remarked, stressing that the same standard should be applied to Government agencies as to any other party seeking condonation of delay. The court emphasized that the delay of 691 days without a valid justification could potentially lead to more such applications on similar grounds.
Justice Singh referenced legal precedents, including the observation that Government departments must not be allowed to benefit from their own delay, and they are expected to perform their duties with diligence.
Decision of the Court:
The court ultimately dismissed the application for restoration, underscoring the importance of adhering to prescribed timelines and demonstrating valid reasons for any delay.
Case Name: DEPTT.OF HEALTH, GOVT.OF NCT OF DELHI vs KAMLA MEHNDIRATTA & ORS.
Coram: Justice Chandra Dhari Singh
Case No.: CM APPL. Nos. 20019/2019 and 20017/2019 in W.P.(C) 3613/2004 & CM APPL. 20068/2022 & CM APPL. 20069/2022
Advocate of the Petitioners: Mr. Sujeet K. Advocate
Advocate of the Respondent: Mr.Anuj Aggarwal, Advocate
Read Order @LatestLaws.com:
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