STATE OF JAMMU & KASHMIR Vs. KULDEEP KUMAR

JUDGEMENT

(1.) The State is in appeal against the order passed by the learned Single Judge dated 25.10.2017, whereby the writ petition filed by the respondents was allowed and direction was given to consider the claim of the respondents for regularization. The appeal is accompanied by an application seeking condondation of delay of 481 days in filing thereof.

(2.) The case in hand is a glaring example of non application of mind by the State authorities in flooding this court with avoidable unnecessary litigation. Before discussing the merits, this court would like to comment on that. It is a case in which intra-court appeal has been filed against the order passed by the learned Single Judge after a delay of 481 days in filing thereof. There is hardly any explanation in the application seeking condondation of delay. One of the reason can be that the officers shirk taking decisions by not filing appeal. It is to avoid their responsibility as they want to put everything to court.

(3.) On a query to the learned counsel for the State as to who examines the merits of the controversy before opining the case to be fit for filing the appeal, his candid answer was that it is the law department. There is no system in place that the counsel who conducted the case before the learned Single Judge gives his opinion to the authority concerned after decision of the case, as to whether the case is fit for filing appeal. And, if yes, the grounds on which the order can be and should be challenged. In our opinion, that system needs to be put in place. It will not only be of help to the law department in finally opining on the issue as to whether the case is fit for filing appeal or not but also have brief grounds on which the order could be assailed. It would also check the delays in filing of appeals at different levels.