Union Territory Of Jammu And ... vs Romal Singh And Another
2021 Latest Caselaw 382 j&K

                                                                  Sr. No. 105
               HIGH COURT OF JAMMU AND KASHMIR
                          AT JAMMU
CJ Court
Case: LPA No. 44 of 2021

Union Territory of Jammu and Kashmir                 ...Petitioner(s)/Appellant(s)
and others

                                  Through: Sh. S. S. Nanda, Sr. AAG.
                          v/s
Romal Singh and another                                         .... Respondent(s)
                                  Through:
          CORAM:
          HON'BLE THE CHIEF JUSTICE
          HON'BLE MRS. JUSTICE SINDHU SHARMA, JUDGE
                                       ORDER

01. Heard Sh. S. S. Nanda, learned Senior Additional Advocate General

appearing for the appellants.

02. The appeal challenges the judgment and order dated 04.09.2015 passed

by the writ court allowing SWP No. 159 of 2002.

03. The appeal is reported to be beyond time by 1945 days as it was filed on

02.02.2021.

04. In the delay condonation application, it has been stated that the Law

Department upon consideration of the matter on merits took a decision to file

the appeal and, accordingly, permission to file the appeal was given on

31.08.2020.

05. The delay in filling the appeal occurred due to time taken by the Law

Department and the Finance Department in taking a decision for filing of the

appeal.

06. The appellants in the aforesaid delay condonation application has not

given any explanation what they were doing from September 2015 till August

2020 and why they could not take a decision earlier to file the appeal.

07. Accordingly, we find no reason whatsoever for condoning the delay.

08. Sh. S. S. Nanda, Senior Additional Advocate General, at this stage,

submits that the reasons for delay are contained in the memo of appeal itself.

09. We have considered the averments made in the appeal also and find that

though the judgment was pronounced on 04.09.2015, the Law Department on

18.05.2017 gave advise to appoint the respondent as a Driver and to regularize

his services but when the matter went to the Finance Department, it was sent

back to the Law Department whereupon it appears that the Law Department

took a decision to file an appeal on 31.08.2020.

10. Aforesaid explanation also fails completely to explain the delay and

laches on the part of appellant in filling the appeal and it appears that they took

the matter very lightly in a casual way as if there is no limitation for filing the

appeal for the Government Departments. It is this attitude of the Department

that the law of limitation probably does not apply to the Government or that

there is a different law for them and separate for the citizens, which generally

delays the filing of the appeal by the State /Union Territory.

11. We are totally dissatisfied with the manner in which this appeal has been

filed with the delay and the explanation forwarded so as to condone the delay.

12. Accordingly, we find no reason to condone the delay and the delay

condonation application No. 2373/2021 is rejected. Consequently, the appeal is

dismissed as barred by limitation.

                                   (SINDHU SHARMA)                    (PANKAJ MITHAL)
                                             JUDGE                      CHIEF JUSTICE
            Jammu
            25.03.2021
            Sunita




SUNITA KOUL
2021.03.26 17:09
I attest to the accuracy and
integrity of this document