HC raps state for late filing of appeals

Saurabh Malik

Tribune News Service

Chandigarh, February 18

In an embarrassment for the Punjab Government, the Punjab and Haryana High Court has admonished it for making late filing of appeals a habit. A Division Bench of the High Court also asked the state to furnish names of officers responsible for inordinate delay of 243 days in filing an appeal in a service matter.

“We are at pains to notice that this is a standard practice of the state to file appeals beyond limitation and then seek condonation of inordinate delay of days together, sometimes stretching to almost more than a year. Moreover, no explanation worth the name is offered to condone the delay,” the Bench of Justice Mahesh Grover and Justice Sneh Prashar asserted.

The developments took place on an appeal petition filed by the Block Education Officer and other appellants against Krishan Kumar and another respondent. Initially an application filed under the provisions of the Limitation Act failed to find favour with the Bench. The Judges observed that it did not meet the requirement of law as reason for delay had not been mentioned.

The Bench observed the file was submitted for “further opinion”. But there was no explanation why the officer concerned did not process the file for four “long” months. He then returned the file on July 18, 2016, implying thereby that the file remained with the law officer responsible for giving opinion for as long as six months. Thereafter, almost four months were consumed in filing the appeal.

“The law officers to whom files are submitted for legal opinion are expected to be well versed with the procedures of law, in particular the urgency that may be lurking behind the matter and the diktats of the Limitation Act,” the Bench said.