Orissa High Court
Dillip Kumar Behera vs State Of Odisha & Ors on 9 November, 2023
IN THE HIGH COURT OF ORISSA AT CUTTACK
FAO No.331 of 2013
Dillip Kumar Behera .... Appellants
Mr. D.N. Rath, Advocate
-versus-
State of Odisha & Ors. .... Respondents
Mr. S.K. Samal, AGA
CORAM:
JUSTICE BIRAJA PRASANNA SATAPATHY
ORDER
09.11.2023
Order No
05. I.A. No. 503 of 2013
1. This matter is taken up through Hybrid Arrangement
(Virtual/Physical) Mode.
2. Heard Mr. D.N. Rath, learned counsel appearing for the
Appellants and Mr. S.K. Samal, learned Addl. Govt. Advocate
appearing for the Respondents.
3. This Application has been filed seeking condonation of delay of
517 days in filing the appeal in question.
4. It is contended that due to the suffering of the appellant for the
period from 20.03.2012 to 24.07.2013, the matter got delayed and
could not be filed within the period of limitation. However, the
delay in filing the appeal is not intentional and rather bona fide one.
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Appellant in support of his illness has also produced the medical
certificate from his treating Physician.
5. Learned counsel appearing for the Respondents 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. This Court after going through the grounds taken in the
Petition finds 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
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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
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 Parties 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. Moreover the medical certificate
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issued by the concerned Physician is not acceptable as he is not
competent to issue certificate for such period. Therefore, this Court
is not inclined to condone the delay in filing the appeal and dismiss
the I.A accordingly.
(Biraja Prasanna Satapathy)
Judge
06. FAO No.331 of 2013
1. This matter is taken up through Hybrid Arrangement
(Virtual/Physical) Mode.
2. The present appeal has been filed challenging the judgment
dtd.04.02.2012 passed by the State Education Tribunal,
Bhubaneswar in GIA Case No.353 of 2009.
3. Since this Court is not inclined to condone the delay in filing the
appeal, the appeal is accordingly dismissed.
(Biraja Prasanna Satapathy)
Judge
Sneha
Signature Not Verified
Digitally Signed
Signed by: SNEHANJALI PARIDA
Designation: Sr. Stenographer
Reason: Authentication
Location: High Court of Orissa, Cuttack
Date: 09-Nov-2023 19:25:17
