"Sordid State Of Affairs": J&K High Court Reprimands Govt Officials For Taking 7 Months For Obtaining Sanction To File Appeal

The Jammu and Kashmir High Court while dismissing an appeal, reprimanded government officials for preferring the appeal after a long period of delay. The court said that no clear reasons for filing the appeal after a prolonged period were forthcoming from the application for condonation of delay.

The court expressed its anguish over the casual manner in which the application was filed for condoning the delay of 230 days. The court noted that the State had taken seven months to obtain a sanction for filing the appeal and that no convincing explanation had been tendered in the application to justify the time taken in filing the appeal thereafter.

A bench of Chief Justice Tashi Rabstan and Justice M.A. Chowdhary observed: “We hold that the applicant has filed this application in a cavalier manner, as a routine matter, for the sake of mere formality. The lackadaisical tendency exhibited by the State is writ large in the present case. Despite the availability of huge manpower and machinery at its disposal, the State has dealt with the matter with supine indifference.”

The court expressed its surprise over the fact that it took the department seven months to obtain sanction for filing the appeal and thereafter took 52 days to file it.

The court observed: “Much to our chagrin, the State has taken seven months in obtaining sanction. Even after obtaining sanction, it has taken 52 days to file the appeal. The reason for delay on this count is not whispered in the application, to our utter surprise, let alone satisfactorily explained, despite the fact that the applicant was supposed to explain each and every day's delay.”

The court referred to Union of India vs. Central Tibetan Schools Admin & Ors., wherein the Supreme Court imposed a cost of ₹1 lakh on the State and also directed the Law Secretary, Government of India, and the Secretary, Ministry of Human Resource Development, to personally ensure the timely filing of appeals.

BACKGROUND

The judgment against which the appeal was sought to be filed was passed on 29.12.2023. The sanction for filing the appeal was granted on 03.07.2024. Thereafter, the appeal was filed on 04.09.2024, after 52 days of obtaining the sanction. There was a total delay of 230 days in filing the instant appeal.

The court held that the delay of 230 days in filing the appeal was not satisfactorily explained. Consequently, the application for condonation of delay was dismissed along with the appeal.

APPEARANCE:

Fahim Nisar Shah, GA FOR Petitioners

Wajid Haseeb, Advocate. FOR Respondent

Case-Title: UT of J&K vs Showkat Ahmad Tantry

Citation: 2025 LiveLaw (JKL) 65

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