2011 (1) TMI 1337 - HC - Indian Laws

Summary

Issues Involved:
1. Condonation of delay in filing the appeal.
2. Bona fide administrative delay.
3. Prejudice to public exchequer.
4. Disciplinary action against erring officials.

Summary:

1. Condonation of Delay in Filing the Appeal:
The petition was filed to condone a delay of 3081 days in filing an appeal against the judgment and decree dated 29.6.2001 in L.A.O.P. No.33/1997 by the III Additional Sub-Court, Madurai. The Sub-Court had enhanced the compensation from Rs. 250/- per cent to Rs. 2,500/- per cent. The delay was attributed to administrative issues, including the misplacement of the certified copy of the judgment and subsequent staff transfers.

2. Bona Fide Administrative Delay:
The petitioner claimed the delay was neither willful nor wanton but due to bona fide administrative delays. The delay was discovered during a review in December 2008, and a new copy of the judgment was obtained on 8.12.2008. The appeal was eventually filed on 4.3.2010.

3. Prejudice to Public Exchequer:
The learned Additional Advocate General argued that not condoning the delay would cause irreparable loss to the public exchequer, as the compensation amount was significantly increased by the Sub-Court. The petitioner initiated disciplinary action against the responsible officials. The court considered whether the delay would result in a loss to the public exchequer and noted that in connected cases, the compensation amount was reduced on appeal.

4. Disciplinary Action Against Erring Officials:
The petitioner identified 12 officers responsible for the delay, with four having retired. Proposals were sent to the Government to take action u/s 9(2) of the Tamil Nadu Pension Rules and charges framed u/s 17(b) of the Tamil Nadu Civil Services (Discipline and Appeal) Rules, 1973. The Housing Board was also asked to take action against four Executive Engineers.

Judgment:
The court acknowledged the inordinate delay but emphasized the need to protect the public exchequer. Citing precedents, the court held that the expression "sufficient cause" should be liberally construed to advance substantial justice. The delay was condoned on the condition that the petitioner pays Rs. 13,500/- to the respondents within ten days, failing which the petition would be dismissed.