9911796707
TMI Blog1985 (9) TMI 219X X X X Extracts X X X X X X X X Extracts X X X X ..... de the order, dated 18th April, 1983 made by the Deputy-Director, against the respondent, confiscating 2200 U.S. Dollars seized from the respondent and imposing penalties aggregating to Rs. 2,500 for alleged contravention of the provisions of the Foreign Exchange Regulation Act, 1973. 2. There having been a delay of 77 days in filing this appeal, appellant has filed I.A.I, to have that delay excused. That application is hotly contested. 3. The last date for the lodgment of the appeal before this court was, it is not disputed, 20th November, 1984. But the appeal was actually filed on 22nd January, 1985. 4. Two affidavits dated 21st January, 1985 and 7th August, 1985 respectively are filed in support of I.A.I. What emerges t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t Madras could meet the Counsel at Bangalore only on 21-12-1984. In the light of the discussion a further clarification was sought for from the Delhi office as per letter dated 26-12-1984 dispatched on 27-12-1984. On the 10th of January, 1985, a cable was received at the Madras office from the Delhi office, issuing clarification and instructing to file the appeal. It is respectfully submitted that for the to and fro communication of the papers from Madras to Delhi and vice versa it takes about 7 days, and for processing the papers at the Delhi office it takes 7-10 days." The affidavit does not say what the discussion the Assistant Legal Adviser had with the Counsel was about and what the further clarification sought from Delhi office pert ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ion is the same for a private citizen as for governmental authorities, yet, in assessing what constitutes sufficient cause, court cannot exclude from consideration the circumstances which are peculiar to and characteristic of the functioning of Government. The words "sufficient cause" must generally receive a liberal construction so as to advance substantial justice when no negligence or inaction or want of bona fides is imputable to appellant. Some decree of latitude is not impermissible in assessing "sufficient cause" in the case of governmental decisions which involve considerable procedural red tape. Government machinery is proverbially slow and those who bear the responsibility of Government must have a little play at the joints. Some ..... X X X X Extracts X X X X X X X X Extracts X X X X
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