LAWS(CHH)-2016-7-13

STATE OF CHHATTISGARH Vs. DIKHA

Decided On July 05, 2016
STATE OF CHHATTISGARH Appellant
V/S
Dikha Respondents

JUDGEMENT

(1.) Heard on IA No. 1 for condonation of delay in filing the Review Petition.

(2.) The present Review Petition is barred by 245 days. IA No. 1/2016 is an application seeking for condonation of delay. The order against which the review has been preferred is W.P.(S) No. 2538/2015.

(3.) A perusal of the said application for condonation clearly enumerates the fact that the order against which the review is sought is an order dated 17.7.2015 and the certified copy of which was obtained within just 8 days time i.e. 24.7.2015 as is evident from Clause-3b of the said application itself. Though the order was promptly obtained within a period of about 8 days, yet the Department took further 240 days for filing the Review Petition. No plausible explanation has been given justifying the delay caused in filing of the Review Petition except for a bald averment made in the application that due to procedural exigencies, time has been consumed. The explanation given cannot be accepted for the reason that clause-3b of the said application for condonation of delay shows that the Law and Legislative Department had granted sanction for filing of a review as early as on 7.9.2015 i.e. just about less than 2 months time from the date of order against which the review is being sought. Yet, the Review Petition even after the proper sanction was obtained was filed after more than about 6 months from the date of the sanction being accorded by the Law Department. Even, to make things worse, the records show that the Department had also appointed an Officer-in- Charge as early as on 23.2.2015 by appointing an Executive Engineer, PWD, Ramanujganj for promptly preferring the Review Petition. Even then, the Review Petition could only be filed after a further period of 3 months' time thereafter, which clearly shows a lethargic attitude on the part of the Officers of the Department and a very casual approach in taking prompt action in matters where there is specific period for compliance of the order and for preferring a Review Petition also there is a statutory period of limitation prescribed. Yet, if the present Petitioners or the Officers of the State Government do not take the matter seriously, it is for the Officers of the State Government alone who have to be blamed in this regard.