STATE OF RAJASTHAN Vs. M.M. SHARMA

JUDGEMENT

(1.) Though the case is listed for orders we find that there is long and unexplained delay of 1664 days in filing the appeal. In order to explain delay, all that has been stated in the application is as below:

(2.) In two recent judicial pronouncement Hon'ble Supreme Court has deprecated the practice of the delay on the part of the state authority in filing appeal after long delay as a result of indifference and indolent attitude on the part of the state authorities in dealing with files in their offices.

(3.) In the case of State of Madhya Pradesh and Ors. V. Bherulal, it was found that the appeal filed by the State was with delay of 663 days. The cause shown for inordinate delay in that case was due to unavailability of documents and the process of arranging documents and also a reference to bureaucratic process works. In the aforesaid factual context, Their Lordships of the Supreme Court, referring to its earlier decision, observed as below:-