Delhi
High Court
04
August 2023
“Court must not treat the
Government agencies differently while deciding the applications for condonation
of delay and the Government is under special obligation to ensure that the
duties enshrined are properly performed” – Delhi High Court
On 04.08.2023, Delhi High Court dismissed
the application filed by the Delhi Government seeking restoration of a writ
petition. Application was filed by the Delhi Government after delay of 691
days. Delhi Government tried to explain the delay on the ground that the case was
dealt with by different panel advocates, engaged by the Delhi Government, at
different points of time and, thus, the GNCTD was not aware that the writ petition
has been dismissed in default. While dismissing the restoration application,
the Delhi High Court observed as under: -
“18.
In the instant application, the petitioner has urged the grounds of frequent
changes in the panel advocates which led to the dismissal of the matter due to
non-prosecution as well as considerable delay in filing the application seeking
restoration.
19.
The petitioner though a State Department having numerous resources at its
disposal, has still been unable to file the application of restoration in a
timely manner. It is a well settled principle that the Government is under a
special obligation to perform duties with diligence and commitment. The
condonation of delay is an exception which should not be used as per
convenience of the Government Departments.
……
……
22.
Hence, from the foregoing discussion, it is clear that the Court must not treat
the Government agencies differently while deciding the applications for
condonation of delay and the Government is under special obligation to ensure
that the duties enshrined are properly performed.
…..
…..
25.
On perusal of the aforesaid order, as well as the averments made in the
application seeking condonation delay in filing restoration application, it is
apparent that the petitioner never had any intention to pursue the matter and
had significantly delayed the matter in earlier hearings as well. The
petitioner neither took steps to take recourse available, nor gave sufficient
and reasonable explanation for such laxity on earlier occasions. This Court
expresses its displeasure for such a state of affairs in the petitioner
department and is not fully satisfied with the grounds taken by the petitioner
for delay in filling the application seeking restoration.
26.
In spite of the knowledge of the dismissal of the said petition due to
non-appearance, the petitioner failed to file the application seeking
restoration on time and chose to do so only after two years and as per its own
convenience. The said situation can only be termed as non-seriousness of the
petitioner department and the other parties cannot be left suffering and
desolated. Therefore, this Court cannot accept the reasons provided for delay
in filing the application when it is evident that there was dereliction of duty
by the petitioner to comply with the orders of this Court on earlier occasions
as well. Thus, the averments made in the application qua delay of 691 days
cannot be classified as a reasonable delay in any manner.
27.
The petitioner, being a Government agency, should act in a timely manner and
justify the reasons for an inordinate delay, if any. It is a well-known fact
that the red-tape in Government agencies sometimes leads to delays in filing
applications, however, at the same time, the delay of 691 days without
plausible justification cannot be permissible, as it also has the potential to
open the floodgates for similar applications on such grounds.”
https://advocateanujaggarwal.com/home.php
[Deptt. of Health, Govt. of NCT of Delhi Vs. Kamla Mehndiratta & Ors.,
CM APPL. No. 20019/2019, W.P. (C) No. 3613/2004, decided on 04.08.2023, Delhi
High Court]
Anuj Aggarwal
Advocate
D-26/A, First
Floor, Jangpura Extension,
New Delhi - 110014
483, Block-2,
Lawyers Chambers,
Delhi High Court,
New Delhi-110003
Mobile –
9891403206
Landline – 011 -
35554905
Email – anujaggarwal1984@gmail.com
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