( 2026:JHHC:17191-DB ) 1 IN THE HIGH COURT OF JHARKHAND AT RANCHI L.P.A. No. 325 of 2025 1. The State of Jharkhand. 2. Higher and Technical Education Department, Government of Jharkhand through its Principal Secretary/Secretary having its office at Yojna Bhawan, Nepal House, P.O. & P.S. - Doranda, District - Ranchi, Jharkhand. 3. Under Secretary, Higher and Technical Education Department, Government of Jharkhand through its principal Secretary/Secretary having its office at Yojna Bhawan, Nepal House, P.O. & P.S. Doranda, District Ranchi, Jharkhand. ….. ….. Appellants Versus 1. Rajan Kumar, aged about 55 year, son of Sri Rambilash Singh, Resident of - Quarter No. 032-BIT Sindri, P.O. & P.S. - Sindri, District - Dhanbad, Jharkhand. 2. Sunil Kumar, aged about 52 year, Son of Late D. Choudhary, Resident of Quarter No. 073-BIT Sindri, P.O. & P.S. - Sindri, District - Dhanbad, Jharkhand. 3. Rajen Kumar Nayak, aged about 51 years, Son of Sri Krishna Kumar Nayak, Resident of Quarter No. 064-BIT Sindri, P.O. & P.S. - Sindri, District - Dhanbad, Jharkhand. ….. ….. Respondents 4. Accountant General (A&E), Jharkhand having its office at Doranda, P.O. & P.S.- Doranda, District- Ranchi, Jharkhand. ….. Performa Respondent ------ CORAM : HON’BLE THE CHIEF JUSTICE HON’BLE MR. JUSTICE RAJESH SHANKAR ------ For the Appellants : Mr Ashok Kumar Yadav, Sr SC-I For the Resp. Nos. 1 to 3 : Mr Atanu Banerjee, Advocate Mr Aditya Banerjee, Advocate For the Resp. No. 4 : Mr Amit Kumar Verma, Advocate ----- 04 /Dated: 15.06.2026 I.A. No. 6738 of 2025 1. Heard the learned counsel for the parties. 2. This I.A. seeks condonation of delay of 571 days in filing the appeal against the judgment and order dated 19.09.2023 made by the learned Single Judge, disposing of W.P.(S) No. 4961 of 2022. 3. From perusal of the averments in the I.A., no case whatsoever has been made out to explain this inordinate delay. All that, the application refers is to the routine movement of files and alleged obtaining of legal opinion followed ( 2026:JHHC:17191-DB ) 2 by “thereafter several rounds of discussions were held and after discussion finally the grounds of appeal was approved for filing of appeal against the order dated 19.09.2023 passed in W.P.(S) No. 4961 of 2022 ……”. 4. The last averments in paragraph-14 cannot be believed because now the learned counsel for the State points out that the impugned order made by the learned Single Judge was based upon an earlier dated 28.06.2023 made in W.P.(S) No. 5709 of 2022. 5. He pointed out that against this order of 28.06.2023, the State has preferred an appeal and the same is still pending. 6. The above circumstance is completely irrelevant for explaining the inordinate delay of 571 days, but the same is quite relevant because it casts a serious doubt on the averment now made in this interim application, seeking condonation of delay of 571 days. 7. It is well settled that the applications, which are filed with utmost casualness and based upon unverifiable and almost routine bureaucratic delays, cannot be accepted as showing any sufficient cause. Learned counsel for the appellants tries to point out that the State has a good case on merits. Nothing is demonstrated to learn prime facie so why such statement should be accepted. In any event, merely having a good case on merits cannot be a sole consideration for condoning the delay of 571 days, when no sufficient cause is shown. 8. Learned counsel for the respondent Nos. 1 to 3 submits that a reading of paragraphs- 4 and 5 of the interim application shows that for a period of little more than 16 months, absolutely nothing was done in this matter, despite full information about the making of the impugned order. This submission also deserves to be accepted, as it is borne from the record. ( 2026:JHHC:17191-DB ) 3 9. In the case of Postmaster General and Others Vs. Living Media India Limited and Another, (2012)3 SCC 563, the Hon’ble Supreme Court has held as under:- “25. We have already extracted the reasons as mentioned in the “better affidavit” sworn by Mr. Aparajeet Pattanayak, SSRM, Air Mail Sorting Division, New Delhi. It is relevant to note that in the said affidavit, the Department has itself mentioned and is aware of the date of the judgment of the Division Bench of the High Court in Office of the Chief Postmaster v. Living Media India Ltd. as 11-9- 2009. Even according to the deponent, their counsel had applied for the certified copy of the said judgment only on 8-1-2010 and the same was received by the Department on the very same day. There is no explanation for not applying for the certified copy of the impugned judgment on 11-9- 2009 or at least within a reasonable time. The fact remains that the certified copy was applied for only on 8-1-2010 i.e. after a period of nearly four months. 26. In spite of affording another opportunity to file better affidavit by placing adequate material, neither the Department nor the person-in-charge has filed any explanation for not applying the certified copy within the prescribed period. The other dates mentioned in the affidavit which we have already extracted, clearly show that there was delay at every stage and except mentioning the dates of receipt of the file and the decision taken, there is no explanation as to why such delay had occasioned. Though it was stated by the Department that the delay was due to unavoidable circumstances and genuine difficulties, the fact remains that from day one the Department or the person/persons concerned have not evinced diligence in prosecuting the matter to this Court by taking appropriate steps. 27. It is not in dispute that the person(s) concerned were well aware or conversant with the issues involved including the prescribed period of limitation for taking up the matter by way of filing a special leave petition in this Court. They cannot claim that they ( 2026:JHHC:17191-DB ) 4 have a separate period of limitation when the Department was possessed with competent persons familiar with court proceedings. In the absence of plausible and acceptable explanation, we are posing a question why the delay is to be condoned mechanically merely because the Government or a wing of the Government is a party before us. 28. Though we are conscious of the fact that in a matter of condonation of delay when there was no gross negligence or deliberate inaction or lack of bona fides, a liberal concession has to be adopted to advance substantial justice, we are of the view that in the facts and circumstances, the Department cannot take advantage of various earlier decisions. The claim on account of impersonal machinery and inherited bureaucratic methodology of making several notes cannot be accepted in view of the modern technologies being used and available. The law of limitation undoubtedly binds everybody, including the Government.” 10. In the case of Union of India & Anr. Vs. Jahangir Byramji Jeejeebhoy (D) through his LR, 2024 SCC OnLine SC 489, the Hon’ble Supreme Court has held as under:- “25. It hardly matters whether a litigant is a private party or a State or Union of India when it comes to condoning the gross delay of more than 12 years. If the litigant chooses to approach the court long after the lapse of the time prescribed under the relevant provisions of the law, then he cannot turn around and say that no prejudice would be caused to either side by the delay being condoned. This litigation between the parties started sometime in 1981. We are in 2024. Almost 43 years have elapsed. However, till date the respondent has not been able to reap the fruits of his decree. It would be a mockery of justice if we condone the delay of 12 years and 158 days and once again ask the respondent to undergo the rigmarole of the legal proceedings. 26. The length of the delay is a relevant matter which the court must take into consideration while considering whether the delay should ( 2026:JHHC:17191-DB ) 5 be condoned or not. From the tenor of the approach of the appellants, it appears that they want to fix their own period of limitation for instituting the proceedings for which law has prescribed a period of limitation. Once it is held that a party has lost his right to have the matter considered on merits because of his own inaction for a long, it cannot be presumed to be non-deliberate delay and in such circumstances of the case, he cannot be heard to plead that the substantial justice deserves to be preferred as against the technical considerations. While considering the plea for condonation of delay, the court must not start with the merits of the main matter. The court owes a duty to first ascertain the bona fides of the explanation offered by the party seeking condonation. It is only if the sufficient cause assigned by the litigant and the opposition of the other side is equally balanced that the court may bring into aid the merits of the matter for the purpose of condoning the delay. 27. We are of the view that the question of limitation is not merely a technical consideration. The rules of limitation are based on the principles of sound public policy and principles of equity. We should not keep the ‘Sword of Damocles’ hanging over the head of the respondent for indefinite period of time to be determined at the whims and fancies of the appellants. 35. In a plethora of decisions of this Court, it has been said that delay should not be excused as a matter of generosity. Rendering substantial justice is not to cause prejudice to the opposite party. The appellants have failed to prove that they were reasonably diligent in prosecuting the matter and this vital test for condoning the delay is not satisfied in this case.” 11. The Hon’ble Supreme Court has held that the rules of limitation are based on the principles of sound public policy and equity. The length of the delay is a relevant consideration in the condonation of delay in filing an appeal. If it is found that the delay in filing the appeal has arisen due to the ( 2026:JHHC:17191-DB ) 6 party's own negligence and casual attitude, the delay may not be condoned on the grounds of doing substantial justice. 12. The Hon’ble Supreme Court has also held that it is trite law that a government department cannot claim a separate period of limitation. The law of limitation undoubtedly binds everyone, including the Government. The claim for condonation of delay on account of impersonal machinery and the inherited bureaucratic methodology of making several notes cannot be accepted in view of the modern technologies available and in use. If it is found from the record of a particular case that the department(s) or the officials concerned were not diligent in prosecuting the matter in the Court by taking appropriate steps, the application for condonation of delay is liable to be rejected. 13. In Shivamma (Dead) by Lrs. Vs. Karnataka Housing Board & Ors., 2025 SCC OnLine SC 1969, the Hon’ble Supreme Court has once again made it abundantly clear that “administrative lethargy and laxity” can never stand as a sufficient ground for condonation of delay. The Hon’ble Supreme Court in para 261 observed “we want to convey an emphatic message to all the High Courts that delays shall not be condoned on frivolous and superficial grounds, until a proper case of sufficient cause is made out, wherein the State-machinery is able to establish that it acted with bona fides and remained vigilant all throughout. Procedure is a handmaid to justice, as is famously said. But courts, and more particularly the constitutional courts, ought not to obviate the procedure for a litigating State agency, who also equally suffer the bars of limitation from pursuing litigations due to its own lackadaisical attitude.” ( 2026:JHHC:17191-DB ) 7 14. The Hon’ble Supreme Court further observed that the High Courts ought not give a legitimising effect to such callous attitude of the State authorities or their instrumentalities, and should remain extra cautious if the party seeking condonation of delay is a State authority. They should not become surrogates for State laxity and lethargy. The constitutional courts ought to be cognizant of the apathy and pangs of a private litigant. Litigants cannot be placed in situations of perpetual litigation, wherein the fruits of their decrees or favourable orders are frustrated at later stages. 15. The Hon’ble Supreme Court observed: “We are at pains to reiterate this everlasting trend, and put all the High Courts to notice, not to reopen matters with inordinate delay, until sufficient cause exists, as by doing so the courts only add insult to the injury, more particularly in appeals under Section 100 of the CPC, wherein its jurisdiction is already limited to questions of law”. 16. The Hon’ble Supreme Court has further observed that limitation periods are prescribed to maintain a sweeping scope for the lis to attain for finality. More than the importance of judicial time, what worries is the plight of a litigant with limited means, who is to contest against an enormous State, and its elaborate and never exhausting paraphernalia. Such litigations deserve to be disposed of at the very threshold, because, say, if a party litigating against the State, for whatever reason, is unable to contest the condonation of delay in appeal, unlike the present case, it reopens the lis for another round of litigation, and leaves such litigant listless yet again. As courts of conscience, Courts are obligated to ensure that a litigant is not sent from pillar to post to seek justice. No litigant should be permitted to be so lethargic and apathetic, much less be permitted by the courts to misuse the process of law. ( 2026:JHHC:17191-DB ) 8 17. Applying the above principle to the gross facts and circumstances of the present case, we are satisfied that no sufficient cause has been shown and consequently, we dismiss this I.A., seeking condonation of delay of 571 days in filing the accompanying appeal. 18. As a consequence, the accompanying appeal and the I.A. therein, do not survive and are disposed of. (M.S. Sonak, C.J.) (Rajesh Shankar, J.) June 15, 2026 Ranjeet / R.Kr. Uploaded on 17.06.2026