STATE OF JHARKHAND Vs. MANJU SURI

JUDGEMENT

(1.) Heard learned counsel for the appellants on the application for condonation of delay. There is inordinate delay of 816 days in preferring the appeal and, therefore, learned counsel for the respondents has serious objection.

(2.) We are of the considered opinion that the courts have observed several times about the attitude of the Government and Government machinery in the matters when the petitions or appeals have been filed after inordinate delay in spite of several strictures passed against officers. The Government machinery and its instrumentalities has not improved. This has created huge problem for the Courts because of the delay in challenging the judgments even in the cases where said judgments are contrary to law and also contrary to larger bench decisions of some High Courts and even contrary to Supreme Court decisions. If appeals against such judgments are dismissed, contrary judgments will attain the finality and that may result into giving finality to two conflicting judgments making the entire process unworkable. The lapse on the part of errant may be inadvertent but possibility of deliberate and motivated reason cannot be ruled out when the matters relate to the part of the same machinery who gets the benefit because of the dismissal due to delay.

(3.) In view of above reasons, in the facts of the case, which has been given in detail, the delay in filing this L.P.A is to be condoned, however, on payment of cost of Rs. 10,000/-, which shall be first paid to the respondents by the State and which will be recoverable from the person guilty for causing the delay in filing the L.P.A. We are making it clear that the appeal shall be entertained only upon payment of cost of Rs. 10,000/-, which shall be paid by or before 4th February, 2013.