Manipur High Court
The State Of Manipur Represented ... vs Khumukcham Sylvester on 21 February, 2022
KABORA Digitally signed
by Item No. 13
MBAM KABORAMBAM
SANDEEP SINGH
(Through Video Conferencing)
SANDEE Date:
IN THE HIGH COURT OF MANIPUR
2022.02.21
P SINGH 17:49:13 +05'30'
AT IMPHAL
MC (W.A.) No. 62 of 2021
1. The State of Manipur represented by the Principal Secretary/
Commissioner (Power), Manipur Secretariat, Babupara, P.O. &
P.S. Imphal, Manipur - 795001.
2. The Managing Director, Manipur State Power Distribution
Company Ltd., Government of Manipur, North AOC, P.O. & P.S.
Imphal, Manipur - 795001.
3. The General Manager, Manipur State Power Distribution Company
Ltd., Government of Manipur, North AOC, P.O. & P.S. Imphal,
Manipur - 795001.
4. The Deputy General Manager, Manipur State Power Distribution
Company Ltd., Government of Manipur, North AOC, P.O. & P.S.
Imphal, Manipur -795001.
5. The Manager, Singjamei Revenue Sub-Division, Manipur State
Power Distribution Company Ltd., Government of Manipur, Kakwa,
P.O. & P.S. Singjamei, Manipur - 795001.
...Applicants
- Versus -
Khumukcham Sylvester, aged about 33 years, S/o Dr. Kh.
Shyamkanhai Singh, resident of Chingamathak, P.O. & P.S. Imphal,
Imphal West District, Manipur - 795001.
...Respondent/Writ Petitioner
MC (W.A.) No. 62 of 2021 Page 1
BEFORE
HON'BLE THE CHIEF JUSTICE MR. SANJAY KUMAR
HON'BLE MR JUSTICE MV MURALIDARAN
For the appellants : Mr. N. Kumarjit, Advocate General
For the respondent : Dr. RK Deepak, Advocate
Date of Order : 21.02.2022
ORDER (ORAL)
Sanjay Kumar (C.J.):
[1] By way of this application filed under Section 5 of the Limitation Act,
1963, read with Rule 3(2) of Chapter IV-A as well as Rule 2 of Chapter VII of the
High Court of Manipur Rules, 2019, the State of Manipur and officials of the Manipur
State Power Distribution Company Limited seek condonation of the delay of 190
days in the filing of an appeal against the Judgment & Order dated 16.07.2019
passed by a learned Judge of this Court in W.P. (C) No. 705 of 2018.
[2] Heard Mr. N. Kumarjit, learned Advocate General, Manipur,
appearing for the applicants; and Dr. RK Deepak, learned counsel for the
respondent.
[3] The sequence of events and explanation for the delay is set out in
Para 3 of the condone delay petition. Though the order under appeal was passed
on 16.07.2019, the said fact was communicated to the authorities on 22.07.2019.
On receipt of the said letter, the Managing Director of Manipur State Power
Distribution Company Limited addressed a letter only on 17.08.2019 to the
Government, requesting that an appeal be filed against the order. After obtaining
the opinion of the learned Advocate General, Manipur, a decision was taken by the
Minister concerned on 31.08.2019 as to the filing of an appeal. However, it was
only on 10.09.2019 that the Law Department of the State issued an order directing
the Government Advocate concerned to file an appeal. On 16.10.2019, the
MC (W.A.) No. 62 of 2021 Page 2
Government Advocate is stated to have prepared the memo of appeal and sent the
same to Principal Secretary/Commissioner (Power). However, it was only on
24.01.2020 that the memo of appeal was finally taken up for consideration and at
this stage, it seems that the authorities realized that they had not even applied for
a certified copy of the order that they wished to appeal against. It was on
12.02.2020 that an application was made in this regard and the certified copy was
made available on 04.03.2020. The appeal ultimately came to be filed only on
18.05.2020.
The aforestated sequence of events put forth by the applicants clearly
demonstrates the lackadaisical and casual attitude of the authorities in dealing with
the matter.
[4] Be it noted that only the period from mid-March, 2020 till the actual
filing of the appeal would be covered by the orders of the Supreme Court in the
context of extension of limitation due to the Covid-19 pandemic. The period of delay
prior to that has to be satisfactorily explained by the applicants but the carelessness
with which the matter was dealt with leaves no room for doubt that there was a clear
lack of diligence and bonafides on the part of the applicants in doing the needful.
Though the delay, in itself, is not substantial, being 190 days, it is for
the applicants to satisfy this Court that there was just and reasonable cause for
such delay. However, given the manifest lack of attention and focus on the part of
the applicants in pursuing the matter, we find no grounds to show them any
indulgence and condone the delay.
MC (W.A.) No. 62 of 2021 is accordingly dismissed.
In consequence, the unnumbered writ appeal shall stand rejected.
A copy of this order shall be supplied online or through whatsapp to
the learned counsel for the parties.
JUDGE CHIEF JUSTICE
Sandeep
MC (W.A.) No. 62 of 2021 Page 3
