HIGH COURT OF JUDICATURE AT ALLAHABAD GOVERNMENT APPEAL DEFECTIVE No. - 309 of 2014 Court No. - 66 HON'BLE SAMIT GOPAL, J. 1. List revised. 2. Heard Sri Bade Lal Bind, learned counsel for the State/appellant and perused the record. 3. Sri S.D. Ojha, learned counsel for the accused/respondent nos. 1 to 4 is not present even in the revised list. 4. This appeal has been preferred against the judgement and order dated 18.07.2012 passed by Special Judge, SC/ST (P.A.) Act, Varanasi in Sessions Trial No. 283 of 2001 (State of U.P. Vs. Ram Awadh Chaurasiya and others) by which the accused/respondents have been acquitted of the charges levelled against them. 5. This appeal is reported to be beyond time by 638 days. 6. An application under Section 5 of the Limitation Act dated 16.07.2014 with the prayer to condone the delay in filing of the present appeal supported by an affidavit has been filed. 7. Learned counsel for the State submits that the judgement and order of the present matter is of 18.07.2012 for which an application for obtaining certified copy was moved on 01.08.2012 after which notice was published on the notice board on 29.08.2012 and the same was handed over to the D.G.C. (Criminal) on the same day. The D.G.G. (Criminal) studied the file and then made a proposal for filing of a Government Appeal and forwarded the same to the State Government through the District Magistrate concerned on 22.11.2012. The District Magistrate then sent a proposal to the State Government for according sanction vide his letter dated 26.11.2012. The Government then issued a Government Order on 10.12.2012 whereas the limitation to file the appeal already expired on 16.11.2012. Subsequently the Versus Counsel for Appellant(s) : G.A. Counsel for Respondent(s) : , S.D. Ojha State of U.P. .....Appellant(s) Ram Awadh Chaurasiya And 3 Others .....Respondent(s) proposal for filing Government Appeal along with the Government Order dated 10.12.2012 was received in the office of the learned Government Advocate, High Court Allahabad on 11.12.2012 on which it was requested that a Gazetted Officer along with complete records be sent for filing of delay condonation application but no one contacted the office in return and thereafter on 18.06.2013 again a request was made for sending a Gazetted Officer for the same, even then no one contacted learned Government Advocate and then letters dated 13.12.2012, 18.06.2013 and 28.06.2014 were sent to the District Magistrate concerned. The District Magistrate then in compliance of the letter dated 28.06.2014 authorized an officer vide his order dated 09.07.2014. It is submitted that then the officer concerned contacted the office and then the appeal was prepared and filed. It is submitted that as such the delay is well explained. 8. The records and the explanation go to show that there has been inordinate delay at the stage in the office of the District Magistrate concerned which is totally unexplained. The same clearly shows administrative lethargy. 9. The law with regard to the same is trite. The explanation has to be tendered on day to day basis and mere vague and passing reference of events cannot be termed as explanation. The Apex Court in the case of Shivamma Vs. Karnataka Housing Board: 2025 INSC 1104 has held that administrative lethargy cannot be ground for condonation of delay and the in the present matter the same is evident. 10. In view of the same, the said application is dismissed and the matter be consigned to the records. 11. Office to communicate this order to the concerned trial court/District and Sessions Judge for information and necessary follow-up action. October 8, 2025 AS Rathore GOVAD No. 309 of 2014 2 (Samit Gopal,J.) Digitally signed by :- ABHISHEK SINGH RATHOR High Court of Judicature at Allahabad