State Of Odisha & Anr vs Gobinda Bidyadhar Sahoo &
2023 Latest Caselaw 4440 Ori

Citation : 2023 Latest Caselaw 4440 Ori
Judgement Date : 26 April, 2023

Orissa High Court

State Of Odisha & Anr vs Gobinda Bidyadhar Sahoo & on 26 April, 2023

              IN THE HIGH COURT OF ORISSA AT CUTTACK

                                 FAO No.93 of 2021

         State of Odisha & Anr.              ....                 Appellant
                                                         Mr. R.N. Mishra, AGA

                                             -versus-

         Gobinda Bidyadhar Sahoo &           ....                 Respondents
         Anr.                                           Mr. S.K. Swain, Advocate
                                                            (Respondent No. 1)

                              CORAM:
                 JUSTICE BIRAJA PRASANNA SATAPATHY

                                       ORDER

26.04.2023 Order No

03. I.A. No. 198 of 2021

1. This matter is taken up through Hybrid Arrangement (Virtual/Physical) Mode.

2. Heard Mr. R.N. Mishra, learned Addl. Govt. Advocate appearing for the Appellants.

3. This Application has been filed seeking condonation of delay of 830 days in filing the appeal in question. The present appeal has been filed challenging the judgment dtd.12.09.2017 passed by the State Education Tribunal in G.I.A. Case No.02 of 2009.

4. Learned counsel appearing for the Appellants contended that the delay in filing the appeal has occurred due to misplacement of the file and intra departmental communications made by different authority. It is also contended that because of such procedural latches, the delay has occurred, which is not intentional, rather bonafide one.

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5. Learned counsel for the Respondent No. 1 contended that the delay in filing the appeal has not been properly explained by showing sufficient cause and in view of the decision of the Hon'ble Apex Court in the case of Postmaster General & Ors. Vs. Living Media Ltd. & Anr. ((2012) 3 SCC 563) and the decision of this Court in State of Odisha & Ors. Vs. Sales Tax Officer, Cuttack II (W.P.(C) No. 15763 of 2021), the delay is not required to be condoned.

5.1. Hon'ble Apex Court in Para 27 and 29 of the Judgment in the case of Postmaster General & Ors. has held as follows:-

<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.

29. In our view, 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 bona fide effort, there is no need to accept the 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 the government departments. The law shelters everyone under the same light and should not be swirled for the benefit of a few.=

5.2. Similarly this Court in the case of State of Odisha & Ors in Para -5 has held as follows:-

<5. The Supreme Court has recently in a series of matters reiterated that the explanation usually offered by the State

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and its entities for the delay on account of administrative exigencies should not be accepted unless they are shown to be justified. A sampling of such orders is as under:

(i) Order dated 13th January 2021 in SLP No.17559 of 2020 (State of Gujarat v. Tushar Jagdish Chandra Vyas & Anr.)

(ii) Order dated 22nd January 2021 in SLP No.11989 of 2020 (The Commissioner of Public Instruction & Ors. v. Shamshuddin)

(iii) Order dated 22nd January 2021 in SLP No.25743 of 2020 (State of Uttar Pradesh & Ors v. Sabha Narain & Ors.)

(iv) Order dated 4th February 2021 in SLP No.19846 of 2020 (Union of India v. Central Tibetan Schools Admin & Ors)

(v) Order dated 11th January 2021 in SLP No.22605 of 2020 (The State of Odisha & Ors v. Sunanda Mahakuda)=

6. Having heard learned counsel appearing for the Appellants and placing reliance on the decisions as cited (supra), this Court does not find any sufficient cause pleaded by the Appellants for condoning the delay in question. Therefore, this Court is not inclined to condone the delay in filing the appeal and dismiss the I.A. accordingly.