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TMI Blog2015 (1) TMI 1053X X X X Extracts X X X X X X X X Extracts X X X X ..... say, the said order is consequential as whole thing would depend upon the issue pertaining to condonation of delay. 3. Sans unnecessary details, the facts which are essential to be stated for the purpose of disposal of the present appeals are that the appellant, an Assistant Teacher in language group (Bengali), invoked the jurisdiction of the High Court under Article 226 of the Constitution by preferring a writ petition seeking approval of her appointment and for certain other reliefs. The learned single Judge on 25.2.2004 taking note of the submissions of the learned counsel for the petitioner therein and further noticing the fact that in spite of notice none had appeared on behalf of the concerned respondents, issued a direction that during the pendency of the application the services of the petitioner as Assistant Teacher in Bengali in Raghunathpur Nafar Academy (HS) at Abhoynagar in the district of Howrah shall not be disturbed until further orders. As the said order was not complied with, the appellant filed the contempt application being C.P.A.N. No. 1016 of 2004. Be it noted, learned counsel for the petitioner communicated the order to the school authorities but the said co ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ate the obligation of the court while dealing with an application for condonation of delay and the approach to be adopted while considering the grounds for condonation of such colossal delay. 6. In Collector, Land Acquisition, Anantnag and another v. Mst. Katiji and others [(1987) 2 SCC 107], a two-Judge Bench observed that the legislature has conferred power to condone delay by enacting Section 5 of the Indian Limitation Act of 1963 in order to enable the courts to do substantial justice to parties by disposing of matters on merits. The expression "sufficient cause" employed by the legislature is adequately elastic to enable the courts to apply the law in a meaningful manner which subserves the ends of justice, for that is the life-purpose for the existence of the institution of courts. The learned Judges emphasized on adoption of a liberal approach while dealing with the applications for condonation of delay as ordinarily a litigant does not stand to benefit by lodging an appeal late and refusal to condone delay can result in an meritorious matter being thrown out at the very threshold and the cause of justice being defeated. It was stressed that there should not be a pedantic a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tuation where the interim order passed by the court of first instance was an interpolated order and it was not ascertainable as to when the order was made. The said order was under appeal before the District Judge who declined to condone the delay and the said view was concurred with by the High Court. The Court, taking stock of the facts, came to hold that if such an interpolated order is allowed to stand, there would be failure of justice and, accordingly, set aside the orders impugned therein observing that the appeal before the District Judge deserved to be heard on merits. 9. In State of Nagaland v. Lipok AO and others[(2005) 3 SCC 752], the Court, after referring to New India Insurance Co. Ltd. V. Shanti Misra[(1975) 2 SCC 840], N. Balakrishnan v. M. Krishnamurthy[AIR 1998 SC 3222], State of Haryana v. Chandra Mani[(1996) 3 SCC 132] and Special Tehsildar, Land Acquisition v. K.V. Ayisumma[(1996) 10 SCC 634], came to hold that adoption of strict standard of proof sometimes fails to protect public justice and it may result in public mischief. 10. In this context, we may refer with profit to the authority in Oriental Aroma Chemical Industries Limited v. Gujarat Ind ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... y to arise. These principles should be adhered to and applied appropriately depending on the facts and circumstances of a given case. Once a valuable right has accrued in favour of one party as a result of the failure of the other party to explain the delay by showing sufficient cause and its own conduct, it will be unreasonable to take away that right on the mere asking of the applicant, particularly when the delay is directly a result of negligence, default or inaction of that party. Justice must be done to both parties equally. Then alone the ends of justice can be achieved. If a party has been thoroughly negligent in implementing its rights and remedies, it will be equally unfair to deprive the other party of a valuable right that has accrued to it in law as a result of his acting vigilantly." 13. Recently in Maniben Devraj Shah v. Municipal Corporation of Brihan Mumbai[(2012) 5 SCC 157], the learned Judges referred to the pronouncement in Vedabai v. Shantaram Baburao Patil[(2001) 9 SCC 106] wherein it has been opined that a distinction must be made between a case where the delay is inordinate and a case where the delay is of few days and whereas in the former case the conside ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ose regard being had to the fact that these terms are basically elastic and are to be applied in proper perspective to the obtaining fact- situation. iii) Substantial justice being paramount and pivotal the technical considerations should not be given undue and uncalled for emphasis. iv) No presumption can be attached to deliberate causation of delay but, gross negligence on the part of the counsel or litigant is to be taken note of. v) Lack of bona fides imputable to a party seeking condonation of delay is a significant and relevant fact. vi) It is to be kept in mind that adherence to strict proof should not affect public justice and cause public mischief because the courts are required to be vigilant so that in the ultimate eventuate there is no real failure of justice. vii) The concept of liberal approach has to encapsule the conception of reasonableness and it cannot be allowed a totally unfettered free play. &nbs ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ept of judicial discretion, yet a conscious effort for achieving consistency and collegiality of the adjudicatory system should be made as that is the ultimate institutional motto. d) The increasing tendency to perceive delay as a non- serious matter and, hence, lackadaisical propensity can be exhibited in a non-challant manner requires to be curbed, of course, within legal parameters. 17. Presently to the assertions made in the application for condonation of delay and the asseverations in oppugnation of the same. It may be stated here that the Division Bench while dealing with the application for condonation of delay has also adverted to the legal tenability of the interim order in a matter of appointment and approval of a teacher, and condoned the delay. It does not require Solomon's wisdom to perceive that the delay was colossal. In the application for condonation of delay the appellant before the High Court had stated about the circumstances in which the order came to be passed by the learned single Judge, the order in the earlier contempt petition and the second petition for contempt, the extinction of ri ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rriage of public justice apart from resulting in public mischief by skilful management of delay in the process of filing the appeal, the appellants/applicants do not stand to benefit from the delay of about 2449 days occasioned in preferring the said Mandamus Appeal, nor it is a fact that the writ petitioners/ respondents will be immense/prejudiced if such non-deliberate delay is not condoned. There has not been deliberate delay as would be evidenced from the foregoing paragraphs. Refusing to condone such non-deliberate delay may result in meritorious matters like the instant case, being thrown out at the very threshold and the cause of justice being defeated. As against this when delay is condoned the highest that can happen in the instant case is that a cause would be decided on merits after hearing the parties." 19. The said grounds were opposed by the contesting respondent therein by stating, inter alia, that the school authorities were very much aware of the order dated 25.2.2004 as the same was communicated to them by her counsel as well as by the District Inspector of school. That apart, an undertaking was given before the learned single Judge by the managing committee. Qui ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... aging committee had taken over charge from the earlier managing committee; (f) that nothing has been indicated in the affidavit that under what circumstances the new managing committee, despite taking over charge, was not aware of the pending litigation or for that matter the communication from the District Inspector; (g) that the writ court was still in seisin of the matter and no final verdict had come and hence, it would not be a case where there will be failure of justice if the appeal against the interim order is not entertained on the ground of limitation inasmuch as the final order was subject to assail in appeal; (h) that the managing committee had exhibited gross negligence and, in any way, recklessness; (i) that the conduct and attitude of the members of the committee before the writ court deserved to be decried since they should not have taken recourse to maladroit effort in complying with the order of the court; and (j) and that it was obvious that the managing committee was really taking resort to dilatory tactics by not seeking necessitous legal remedy in quite promptitude. 22. At this juncture, we are obliged to state that the persons who are nominated or inducted a ..... X X X X Extracts X X X X X X X X Extracts X X X X
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