STATE OF ORISSA Vs. BISHNUPRIYA ROUTRAY

JUDGEMENT

(1.) ASSAILING the order dated 14.01.2011 passed by the Presiding Officer, State Education Tribunal in GIA Case No.171 of 2008, the State of Orissa has preferred this appeal under Section 24 - C of the Orissa Education Act, 1969 before this Court and has also filed an application bearing Misc. Case No.148 of 2013 under Section 5 of the Limitation Act to condone the delay of 706 days in preferring the appeal.

(2.) AS required under the provisions of Section 24 -C of the Orissa Education Act, 1968, the appeal has to be preferred within a period of 60 days from the date of passing of the judgment. In the case at hand, the Education Tribunal passed the impugned judgment on 14.01.2011 and the appeal was preferred on 18.02.2013 i.e., after lapse of 766 days and excluding the limitation period of 60 days, there is a gross delay of 706 days.

(3.) WHILE construing Section 5 of the Limitation Act, it is relevant to bear in mind two important considerations. The first consideration is that the expiration of the period of limitation prescribed for making an appeal gives rise to a right in favour of the decree -holder to treat the decree as binding between the parties. In other words, when the period of limitation prescribed has expired, the decree -holder has obtained a benefit under the law of limitation to treat the decree as beyond challenge, and this legal right which has accrued to the decree -holder by lapse of time should not be light -heartedly disturbed. The other consideration which cannot be ignored is that if sufficient cause for excusing delay is shown, discretion is given to the court to condone delay and admit the appeal. This discretion has been deliberately conferred on the court in order that judicial power and discretion in that behalf should be exercised to advance substantial justice. Applying this analogy to the present case, the "sufficient cause" has been indicated in paragraphs -4 to 6 of the Misc. Case filed by the appellants for condonation of delay, which reads as follows: