Punjab and Haryana High Court raps state for ‘casual approach’ in filing appeal

Chandigarh, April 22

In a significant judgment liable to change the way appeals are filed by the governments after expiry of the prescribed period, the Punjab and Haryana High Court has made it clear that a casual and irresponsible attitude disentitles a litigant, including the state, to seek the benefit of condonation of delay under the provisions of the Limitation Act.

The assertion came as the high court rapped the state through Secretary, Home Department and others for adopting a ‘casual and negligent approach’.

The Division Bench of Justice M S Ramachandra Rao and Justice Sukhvinder Kaur also dismissed an application for condonation of delay and consequently the appeal, filed by the state in a service matter after ruling that proper explanation for condonation of 291 days was not there.

The Bench added that the government could not be allowed to proceed on a presumption that there was a chance of delay being condoned in every matter, in case it was able to say something on merits. It further observed a HC judge delivered the judgment in the matter on April 18, 2017. The law officer’s opinion that it was not a fit case for appeal was agreed upon by the Advocate-General (AG), who informed the state about it on July 14, 2017.