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TMI Blog2014 (5) TMI 823X X X X Extracts X X X X X X X X Extracts X X X X ..... ptable explanation for the delay and there was bona fide effort, there is no need to accept the usual explanation that the file was kept pending for process. The government departments are under a special obligation to ensure that they perform their duties with diligence and commitment. Condonation of delay is an exception and should not be used as an anticipated benefit for the Government Departm ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nd by means of present application petitioner seeks condonation thereof. 2. In the application the petitioner has attributed the delay to the moving of file from one Department/Officer to the other. We hardly find this to be a sufficient explanation for condoning such an abnormal delay. This Court in the case of Postmaster General and Ors. v. Living Media India Ltd. - (2012) 3 SCC 563 = 2012 (2 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of delay when there was no gross negligence or deliberate inaction or lack of bona fides, a liberal concession has to be adopted to advance substantial justice, we are of the view that in the facts and circumstances, Department cannot take advantage of various earlier decisions. The claim on account of impersonal machinery and inherited bureaucratic methodology of making several notes cannot be a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... w. Considering the fact that there was no proper explanation offered by the Department for the delay except mentioning of various dates, according to us, the Department has miserably failed to give any acceptable and cogent reasons sufficient to condone such a huge delay. Accordingly, the appeals are liable to be dismissed on the ground of delay. 3. We further find that in identical circumst ..... X X X X Extracts X X X X X X X X Extracts X X X X
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