High Court Of Tripura vs Tapash Chakraborty
2021 Latest Caselaw 21 Tri

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                       HIGH COURT OF TRIPURA
                             AGARTALA
                       IA No.2/2020 in WA No.9/2021
The State of Tripura and Ors.
                                                         .......... Applicant(s).

                                     Vs.
Tapash Chakraborty.
                                                       .......... Respondent(s).

For Applicant(s) : Mr. D Sharma, Add. Govt. Advocate. For Respondent(s) : None.

HON'BLE THE CHIEF JUSTICE MR. AKIL KURESHI HON'BLE JUSTICE MR. S G CHATTOPADHYAY

_O_R_D_E_ R_

05/01/2021 (Akil Kureshi, CJ).

This interim application is filed by the State authorities for

seeking condonation of delay in filing writ appeal. Writ appeal is directed

against the judgment of the learned Single Judge dated 28 th August, 2017.

By the said judgment, large number of writ petitions came to be disposed

of. Strangely, the Government has filed only one appeal. We are told that

the rest of the appeals are in the process of being filed.

Be that as it may, the delay caused in filing the writ appeal runs

into 852 days. Thus, the appeal is filed more than 2 years after completion

of periods for filing appeal. No worthwhile explanation is rendered for Page - 2 of 3

such gross inordinate delay in filing the appeal. All that has been stated by

way of explanation is interdepartmental movement of the files. Even then

there are large gaps which have remained totally unexplained. For

example, the judgment was delivered on 28th August, 2017 and was ready

for delivery on 24th October, 2017. Citing the reason for State Assembly

elections which took place in May, 2018 and thereafter the general

elections which took place in May, 2019 it is contended that the entire

machinery of Audit Department was busy with the conduct of elections

From January, 2018 to July, 2019. The first serious attempt at examining

the requirement of filing appeal happened on 5th December, 2019 when

Audit Department asked the Finance Department about necessary course

of action. Response of the Finance Department further received in March,

2020. Even thereafter, there was shuttling of files between audit and

finance wings. Appeal was eventually filed in December, 2020.

We do not find any reason whatsoever to condone such long

delay. As is well settled interdepartmental movements of files for

indefinite period is never a good ground for condoning long delays. The

suggestion that the entire department was busy with conduct of elections

suggests that for close to year and a half the State machinery would be

paralysed. We have also cursorily have a look at the dispute involved. The

petitioners have been granted the benefit of service rendered on ad-hoc Page - 3 of 3

basis for the limited purpose of pensionary claims after their

regularization.

The interim application for condonation of delay is dismissed.

Resultantly, the writ appeal stands disposed of. Pending application(s), if

any, also stands disposed of.

     ( S G CHATTOPADHYAY, J )                   ( AKIL KURESHI, CJ )




Sukhendu