STATE OF M P Vs. AMAR KAUR

JUDGEMENT

(1.) Since the order challenged in the aforesaid review petitions is one and the same, all these petitions are herewith, taken up together for final disposal by this common order. As the instant review preferred by the petitioners/State is hit with delay of 62 days for which an I.A. No. 3990/12 under Section 5 of the Limitation Act has been moved, before considering the contents of review, we think it proper to take up first the contents of application seeking condonation of delay.

(2.) The grounds for causing delay in submitting the review petition are that after pronouncement of the order dated 6th July, 2012 in Writ Appeal No. 205/2012, the certified copy was obtained on 31st August, 2012 by the concerning department. Then, the matter was referred for obtaining necessary sanction and after receiving concurrence, the review petition came to be filed. It is mentioned in the application that the time was exhausted due to departmental procedure which was not based on malafide on the part of the petitioners. Hence, it is requested that by allowing the application, delay that was caused in preferring the review petition may be condoned and the review itself may be heard on merits. To support submissions contained in the application, reliance is placed on the decision of Hon'ble Apex Court in the case of State of Bihar v. Kameshwar Prasad, 2000 9 SCC 94.

(3.) Opposing the aforesaid prayer, learned Counsel for the respondent vehemently contended that the delay was caused due to negligent acts of the officer-in-charge of the case who, despite of getting knowledge, did not take proper steps for legal recourses in compliance of the directions contained in the order dated 6th July, 2012. The officer-in-charge further failed to take requisite steps for contesting the matter before the Court of law within the period prescribed of limitation. So, according to the learned Counsel, the State cannot take the advantage of the negligent acts of its employees in this way. On this basis, it is prayed that the application for condonation of delay may be dismissed.