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2025 DAILYLAW 11360 (JHR)

THE STATE OF JHARKHAND THROUGH PRINCIPAL SECRETARY DEPTT OF PERSONNEL ADMN REFORMS AND RAJBHASA v. ROHIT KACCHAP

LPA/179/2023 · 2025-03-11

Deepak Roshan

body2025

Judgment text

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L.P.A. No.179 of 2023 IN THE HIGH COURT OF JHARKHAND AT RANCHI L.P.A. No. 179 of 2023 1. The State of Jharkhand through Principal Secretary, Department of Personnel, Administrative Reforms and Rajbhasa, Having office at Project Building, Dhurwa, P.O. & P.S. – Dhurwa, Town and Dist.- Ranchi. 2. The Joint Secretary, Department of Personnel, Administrative Reforms and Rajbhasa, Having office at Project Building, Dhurwa, P.O. & P.S. – Dhurwa, Town and Dist.- Ranchi. 3. The Secretary, Department of Labour, Employment and Training, Government of Jharkhand, having office at Project Building, Dhurwa, P.O. & P.S. – Dhurwa, Town and Dist.- Ranchi. 4. Sri Krishna Public Administrative Institute (Sri Krishna Lok Prashasan Sansthan), through its Director, having its office at Mayors Road, P.O.- Ranchi University, P.S. – Kotwali, Town and District- Ranchi. 5. The Joint Secretary In-charge, Sri Krishna Public Administrative Institute, having its office at Mayors Road, P.O. Ranchi University, P.S.- Kotwali, Town and District-Ranchi. 6. The Additional Director, Sri Krishna Public Administrative Institute, having its office at Mayors Road, P.O. Ranchi University, P.S.- Kotwali, Town and District-Ranchi. ... Respondents/Appellants Versus Rohit Kacchap, aged about 40 years, S/O Late Mangu Oraon, R/o Mohalla Tunki Toli, P.O.- Bariatu, P.S.-Sadar, Town and District-Ranchi. ... Petitioner/Respondent --------- CORAM: HON’BLE THE CHIEF JUSTICE HON’BLE MR. JUSTICE DEEPAK ROSHAN --------- For the Appellants: Mr. Jai Prakash, A.A.G.-IA Mrs. Chaitali C. Sinha, A.C. to A.A.G.-IA For the Respondent: Mr. Manoj Tandon, Advocate Mrs. Neha Bhardwaj, Advocate Mr. Siddharth Ranjan, Advocate --------- Reserved on: 25.02.2025 Pronounced on: 11/03/2025 Per M.S. Ramachandra Rao, C.J. I.A. No.3639 of 2023 1. This application is filed under Section 5 of the Limitation Act, 1963 to condone the delay of 480 days in filing the Letters Patent Appeal challenging the judgment dt. 12.05.2022 of the learned Single Judge in W.P. (S) No.775 of 2018. L.P.A. No.179 of 2023 2. It is stated that after the writ petition was disposed of, the respondent filed a representation on 04.07.2022 before the applicants. Thereafter, the applicants’ Department called for the file of the respondent and forwarded it to the Section on 18.07.2022. The file was then sent to the Law Department for legal opinion and the Advocate General’s Office was consulted and it sent the file for drafting the Statement of Facts to Legal Retainer of the Department on 07.11.2022. The Statement of Facts was drafted on 17.01.2023 and was sent to the Office of the Advocate General on 24.01.2023 and then the appeal was filed on 10.04.2023. 3. It may be pointed out that the application for certified copy of the judgment of the learned Single Judge itself was made on 13.09.2023, i.e., one year and four months after the order was passed on 12.05.2022. No reason is assigned for the inordinate delay even in making an application for issuance of a certified copy, by the applicants. 4. In spite of being aware that that the time for preferring an appeal is only 30 days, the applicants seem to have adopted a very leisurely and negligent approach to take steps to challenge the order of the learned Single Judge. Such inordinate period of delay in filing the appeal is not liable to be condoned in the facts and circumstances of the case. 5. Accordingly, I.A. No.3639 of 2023 is dismissed. Consequently, L.P.A. No. 179 of 2023 is also dismissed. 6. Pending Interlocutory Applications, if any, stand disposed of. (M.S. Ramachandra Rao, C.J.) (Deepak Roshan, J.) Manoj/-