Case: The State of Bihar and Ors Vs. Deo Kumar Singh and Ors

1. The Petitioner-State of Bihar filed an appeal against the order of the learned Single Judge before the Division Bench after a delay of 367 days. The Division Bench dismissed the application for condonation of delay on the ground that there was no sufficient cause shown for condonation of delay. It is thereafter with a delay of 728 days that the special leave petition has been filed. The reason given for seeking condonation of this extraordinary 728 days delay is as under:2. that the Petitioner State is filing the present special leave petition after obtaining all the sanctions from the respective departments and took time to receive the affidavit and vakalatnama from the concerned department, hence there is delay in filing the present matter.2. We are of the view that a clear signal has to sent to the Government Authorities that they cannot approach the Court as and when they please, on account of gross incompetence of their officers and that too without taking any action against the concerned officers. No detail of this delay of 728 days have been given as if there is an inherent right to seek condonation of delay by State Government. The law of limitation apparently does not apply to the State Government according to its conduct.3. That such condonation of delay is no more admissible on the pretext of Government working lethargy is clear from the judgment of this Court in The Chief Post Master General v. Living Media India Ltd. 2012 (3) SCC 563.

Decision:
0[ds]2. We are of the view that a clear signal has to sent to the Government Authorities that they cannot approach the Court as and when they please, on account of gross incompetence of their officers and that too without taking any action against the concerned officers. No detail of this delay of 728 days have been given as if there is an inherent right to seek condonation of delay by State Government. The law of limitation apparently does not apply to the State Government according to its conduct.That such condonation of delay is no more admissible on the pretext of Government working lethargy is clear from the judgment of this Court in The Chief Post Master General v. Living Media India Ltd. 2012 (3) SCC 563.