GOVT OF NCT OF DELHI Vs. SATBIR

JUDGEMENT

(1.) This application seeks condonation of delay of 1494 days in filing the Review Petition against the order dtd. 28/2/2018. The reasons being offered are that after examining the matter the petitioner had decided to file an SLP against the aforesaid order for which a proposal was made on 13/8/2018, which was finally approved by the Additional Chief Secretary on 23/12/2019. Till date no SLP has been filed and on 2/8/2021, the Assistant Legal Advisor (L&B) proposed to file an application for review. The appellant submits that due to COVID and pandemic related lockdown the Review Petition could not be filed within the limitation period. However, this petition seeks review of the order dtd. 28/2/2018 while COVID related constraints came about only in March "20, over two years later. There is no explanation for the delay between the passing of the order till the onset of COVID, except that they were considering filing an SLP. This is not a ground for condonation of delay. In terms of sec. 5 of the Limitation Act, 1963, delay of each day needs to be justified. There must be sufficient cause for not preferring the appeal or making the application within such period. There is no ground made for condonation of the inordinate delay.

(2.) In Pundlik Jalam Patil Vs. Executive Engineer, Jalgaon Medium Project, (2008) 17 SCC 448, the Supreme Court held as under:

(3.) Although courts would take an accommodative view apropos appeals or reviews filed by Government departments, as there could be administrative delays, for which the Government's interest and the overall public interest should not suffer. However, each case of such delay has to be examined on its individual merits and the jurisprudence does not extend to accommodating and condoning all inordinate or unjustifiable delays by the governmental agencies.