Delay in filing appeal by Government cannot be condoned merely on the ground of want of administrative sanction
A delay of over 250 days in filing appeal, which as per the Act concerned is 90 days – whether should be condoned on the ground that appeal could not be filed for want of departmental approval.
The Court answered the above question in negative. It was observed that the delay was totally unexplained. Appellant in the instant matter, as observed, was not amongst the rustic villagers usually not conversant with the legal intricacies of limitation, but a Union of India, which is always advised by the office of Assistant Solicitor General on day to day basis in the matter of filing cases in Courts.
It was held that the usual ground that administrative sanction was not granted due to which, delay in filing appeal was caused, held as not bonafide because no department would take 251 days to decide as to whether appeal in such small matter (like the present one) should be filed or not. Further no proper facts were pleaded and also no documents were filed in support of allegations, except usual averments.
It was held to be as a clear case of either casualness or/and negligence in prosecuting the appeal which could not be approved. The appeal was accordingly dismissed.
[Union of India v Kunjalata Sut]
(Gauhati HC, 21.07.2014)