STATE OF U P Vs. BHORI DEVI

JUDGEMENT

(1.) SHRI P. K. Bisaria is heard on the question of condonation of delay in filing the appeal.

(2.) ADMITTEDLY the appeal has been filed beyond 160 days of the period of limitation. While explaining the delay an application under Section 5 of the Limitation Act has been filed.

(3.) UNDER the garb of collective responsibility of public servants take undue advantage by moving leisurely and in careless manner even in such matters. It is high time that the public servants should be held personally responsible in such matters where State exchequer suffers loss on account of their inaction in the discharge of their function as public servants. Recently in Lucknow Development Authority v. M. K. Gupta, (1994) 1 SCC 243 it is ruled that the public officers are accountable for their negligence and misfeasance if they commit negligence in the discharge of their officials duties. The concept of State immunity is diluted and thus the public servants may be liable in the damages for deliberate or injurious wrong doing. The inaction on the part of the public servants in the instant case by behaving in callous manner amounts to malicious abuse of power. In this regard it will not be out of place to state that with the change in socio-economic out-look in our democratic set up the public servants are expected more attentive to their onerous duties which they must discharge diligently. If a public servant is found abusing his office either by an act of omission or commission as a consequence of which there is a loss to the public exchequer, action may be taken against such guilty public servants and therefore no public servant can arrogate to himself the power to act in a manner he likes causing loss to the public exchequer. In a democratic set-up the function of the government is to extend all possible facilities to its citizens and that is why the State is known as a welfare State which provides a larger number of benefits to the citizens and, therefore, it is expected of the Government servants to discharge their official functions in a fair and just manner. The explanation furnished that simply after 22-6-96 correspondence took place for obtaining sanction to file the appeal is not sufficient and well reasoned explanation warranting condonation of the delay.