Jharkhand High Court
The State Of Jharkhand vs Vijay Kerketta on 5 June, 2025
Author: Rajesh Shankar
Bench: Rajesh Shankar
2025:JHHC:14480-DB
IN THE HIGH COURT OF JHARKHAND AT RANCHI
I.A. No. 2410 of 2024
In / And
L.P.A. No. 122 of 2024
1. The State of Jharkhand.
2. The secretary, Personnel, Administrative Reforms & Rajbhasha
Department, Govt. of Jharkhand, P.O. + P.S.- Dhurwa, Ranchi.
3. The Joint Secretary, Personnel, Administrative Reforms & Rajbhasha
Department, Govt. of Jharkhand, P.O. + P.S.- Dhurwa, Ranchi.
4. The Dy. Secretary, Personnel, Administrative Reforms & Rajbhasha
Department, Govt. of Jharkhand, P.O. + P.S.- Dhurwa, Ranchi.
... Respondents/Appellants
Versus
Vijay Kerketta, Aged about 40 years, Son of Suraj Kerketta, Resident of
Village - Anandpur, Dunduriay, P.O. & P.S. Gumla, District - Gumla.
... Petitioner/Respondent
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CORAM: HON'BLE THE CHIEF JUSTICE
HON'BLE MR. JUSTICE RAJESH SHANKAR
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For the Appellants: Mrs. Sunita Kumari, A.C. to Sr. S.C.-II
For the Respondent: Mr. Aditya Kumar Choudhary, Advocate
Mr. Anil Kumar Sinha, Advocate
Mr. Abhishek Kumar Sinha, Advocate
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Reserved on: 05.05.2025 Pronounced on: 5/06/2025
Per M.S. Ramachandra Rao, C.J.
1. This application is filed under Section 5 of the Limitation Act, 1963
by the applicants to condone the delay of 375 days in filing the Letters
Patent Appeal challenging the judgment dt. 08.05.2023 of the learned
Single Judge in W.P. (S) No. 3277 of 2019.
2. In the application seeking condonation of delay, it is stated that the
respondent in the application had given a representation on 15.09.2023
enclosing a copy of the impugned judgment; it was then placed before the
competent authority through proper channel on 30.10.2023; the competent
authority directed to seek legal opinion on 02.01.2023 and thereafter the
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file was forwarded to the Law Department and a decision was taken to file
the appeal against the impugned judgment.
3. It is then stated that the file was sent to the applicants' Department
for approval and after approval, the appeal was filed and the delay in filing
the appeal is due to procedural technicalities and was not deliberate. It is
also stated that the applicants are Government functionaries having several
layers of decision-making which consumed time.
4. The facts on record indicate that though the judgment of the learned
Single Judge was pronounced on 08.05.2023 in W.P. (S) No.3277 of 2019,
the LPA was filed on 28.02.204 with enormous delay of 375 days.
5. Also, application for issuance of certified copy of the judgment of
the learned Single Judge was made on 16.04.2024 (as can be seen from the
same which is annexed to the accompanying paper book) - long after the
judgment was pronounced on 08.05.2023, and no explanation is offered
why the application for issuance of certified copy was made after such a
long time.
6. Undoubtedly, the applicants are aware that the limitation for filing
the Letters Patent Appeal against the judgment of the learned Single Judge
is only 30 days and yet the file was sent from table to table in a leisurely
manner occasioning the delay in filing the Letters Patent Appeal. Thus
they adopted a very casual and negligent approach in taking steps to file a
Letters Patent Appeal against the judgment of the learned Single Judge.
7. Such a practice has been deprecated by the Supreme Court in
several judgments.
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8. In Postmaster General and others v. Living Media India
Limited and another1, the Supreme Court held:
"25. We have already extracted the reasons as mentioned in the "better
affidavit" sworn by Mr Aparajeet Pattanayak, SSRM, Air Mail Sorting
Division, New Delhi. It is relevant to note that in the said affidavit, the
Department has itself mentioned and is aware of the date of the judgment
of the Division Bench of the High Court in Office of the Chief Postmaster
v. Living Media India Ltd. as 11-9-2009. Even according to the
deponent, their counsel had applied for the certified copy of the said
judgment only on 8-1-2010 and the same was received by the
Department on the very same day. There is no explanation for not
applying for the certified copy of the impugned judgment on 11-9-2009
or at least within a reasonable time. The fact remains that the certified
copy was applied for only on 8- 1-2010 i.e. after a period of nearly four
months.
26. In spite of affording another opportunity to file better affidavit by
placing adequate material, neither the Department nor the person-
incharge has filed any explanation for not applying the certified copy
within the prescribed period. The other dates mentioned in the affidavit
which we have already extracted, clearly show that there was delay at
every stage and except mentioning the dates of receipt of the file and the
decision taken, there is no explanation as to why such delay had
occasioned. Though it was stated by the Department that the delay was
due to unavoidable circumstances and genuine difficulties, the fact
remains that from day one the Department or the person/persons
concerned have not evinced diligence in prosecuting the matter to this
Court by taking appropriate steps.
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.
(2012) 3 SCC 563
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28. 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, 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."
(Emphasis supplied)
9. The said judgment has been followed by the Supreme Court in
several cases such as Commissioner of Customs Chennai v. M/s Volex
Interconnect (India) Pvt. Ltd.2, Pr. Commissioner Central Excise
Delhi-1 v. Design Dialogues India Pvt. Ltd.3, Union of India v. Central
Tibetan Schools Administration & Others4, Union of India & Others
v. Vishnu Aroma Pouching Private Limited and another5, and State of
Uttar Pradesh & Others v. Sabha Narain & others6.
10. In Union of India v. Jahangir Byramji Jeejeebhoy (D) through
his legal heir7, the Supreme Court held that it is not permissible to look
into the merits of the matter as long as it is not convinced that sufficient
cause has been made out for condonation of long and inordinate delay;
that it hardly matters whether a litigant is a private party or a State or
Union of India when it comes to condoning gross delay of more than 12
years; length of delay is a relevant matter which the court must take into
consideration while considering whether the delay should be condoned or
not; from the tenor of the approach of the appellants, it appears that they
want to fix their own period of limitation for instituting the proceedings
(2022) 3 SCC 159
(2022) 2 SCC 327
(2021) 11 SCC 557
(2022) 9 SCC 263
(2022) 9 SCC 266
2024 INSC 262 : 2024 SCC OnLine SC 489
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for which law has prescribed a period of limitation; once it is held that a
party has lost his right to have the matter considered on merits because of
his long inaction, it cannot be presumed to be non-deliberate delay and in
such circumstances, he cannot be heard to plead that the substantial justice
deserves to be preferred as against the technical considerations. It was
reiterated while considering plea for condonation of delay, Court must not
start with the merits of the main case and the Court owes a duty to first
ascertain the bona fides of the explanation offered by the party seeking
condonation. It declared that delay should not be excused as a matter of
generosity.
11. This was also reiterated in State of Madhya Pradesh v.
Ramkumar Choudhary8.
12. In view of the above-mentioned decisions, we are of the opinion
that in the facts and circumstances of the case, the applicants have not
shown sufficient cause for condoning inordinate delay of 375 days in
filing the appeal.
13. Therefore, the application for condonation of delay (I.A. No.2410
of 2024) is dismissed. Consequently, the Letters Patent Appeal is also
dismissed.
14. All pending applications shall stand closed.
(M.S. Ramachandra Rao, C.J.)
(Rajesh Shankar, J.)
Manoj/-
Special Leave Petition (C) Diary No. 48636 of 2024 dt.29.11.2024
