STATE OF ODISHA Vs. SUNANDA MAHAKUDA

JUDGEMENT

(1.) The present SLPs have been filed after a delay of 1954 days in respect of impugned order dtd. 12/3/2015 of the learned Single Judge and delay of 545 qua the order in Writ Appeal. We may notice that the Writ Appeal itself was preferred after a delay of 783 days and was found not to have been properly explained. We may add that the present Special Leave Petition is filed after contempt proceedings were initiated on 13/5/2019, on dismissal of the Writ Appeal. Now, it is our chance to scrutinize a little more closely 19:19:36 IST Reason: the aforesaid conduct of the State Government. The application for condonation of delay explains the reasons for delay in para 2 which reads as under:

(2.) A reading of the aforesaid shows that there is no reason much less sufficient and cogent reason assigned to explain the delay and the application has also been preferred in a very casual manner. We may notice that there are number of orders of this State Government alone which we have come across where repeatedly matters are being filed beyond the period of limitation prescribed. We have been repeatedly discouraging such endeavours where the Governments seem to think that they can walk in to the Supreme Court any time they feel without any reference to the period of limitation, as if the statutory Law of Limitation does not exist for them.

(3.) There is no doubt that these are cases including the present one where the Government machinery has acted in a inefficient manner or it is a deliberate endeavour. In either of the two situations, this court ought not to come to the rescue of the petitioner. No doubt, some leeway is given for Government inefficiency but with the technological advancement now the judicial view prevalent earlier when such facilities were not available has been over taken by the elucidation of the legal principles in the judgment of this Court in the Office of the Chief Post Master General and Ors. v. Living Media India Ltd. and Anr. - (2012) 3 SCC 563. We have discussed these aspects in SLP [C] Diary No.9217/2020, State of Madhya Pradesh v. Bheru Lal decided on 15/10/2020 and thus, see no reason to repeat the same again.