UNION OF INDIA Vs. RFN(GD) R.RAMU

JUDGEMENT

(1.) There is a delay of 176 days in preferring the appeal. The appellants have made an application for condonation of delay under Sec. 5 of the Limitation Act, 1963. The prayer for condonation is opposed by the respondent. It is submitted on his behalf that no good ground has been made out, the application for condonation should be dismissed and on that ground the appeal also not be entertained.

(2.) We have carefully considered the Sec. 5 application. The grounds have been stated in paragraph 4. We find that learned counsel who was entrusted with preparation of the appeal from the impugned judgment and order dtd. 5/3/2024, for whatever reason took time from 14/6/2024 to 2/9/2024, that is to say nearly three months to get the appeal ready. Furthermore, more than three months had been taken earlier, from the date of the impugned order, for the appellants to decide whether to prefer the appeal or not. Normally, the opinion that an appeal should be preferred comes from the legal department of the government and thereafter approved by its higher authority. Therefore, almost the entire delay was caused in the legal department of the government or in the office of its learned lawyer.

(3.) It is quite well settled that the litigant should not be penalised for any fault on the part of his lawyer. Although in this case the appellant is the Union of India, the same principle will apply.