The
 Supreme Court on Friday warned the Union government and its departments
 that bureaucratic delays could not be cited as an excuse or a ground 
for filing appeals beyond the period of limitation of 90 days.
A
 Bench of Justices P. Sathasivam and J. Chelamesar said: “the law of 
limitation undoubtedly binds everybody, including the government. 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.”
Writing
 the judgment, Justice Sathasivam said: “In our view, it is the right 
time to inform all the government bodies, their agencies and 
instrumentalities that unless they have reasonable, and acceptable 
explanation for the delay and there was bonafide effort, there is no 
need to accept the usual explanation that the file was kept pending for 
several months/years due to considerable degree of procedural red-tape 
in the process. The government departments are under a special 
obligation to ensure that they perform their duties with diligence and 
commitment. Condonation of delay is an exception and should not be used 
as an anticipated benefit for government departments. The law shelters 
everyone under the same light and should not be swirled for the benefit 
of a few.”
The
 Bench said: “It needs no restatement at our hands that the object for 
fixing time-limit for litigation is based on public policy fixing a 
lifespan for legal remedy for the purpose of general welfare. They are 
meant to see that the parties do not resort to dilatory tactics but 
avail of their legal remedies promptly.”
In the instant case, Living Media India Ltd., which publishes Reader's Digest and India Todaymagazines,
 was denied permission by the Postal Department to avail of the 
concession to post the magazines along with booklets containing certain 
advertisements. The Delhi High Court, allowed the writ petition filed by
 the company and a Division Bench also upheld the single judge's order.
Former
 Attorney General and senior advocate Soli Sorabjee, arguing for the 
respondent, pointed out that since in this case the Postal Department 
had filed the present appeal in the Supreme Court after a delay of 427 
days, it should not be entertained. However, Additional Solicitor 
General Harin Raval cited earlier decisions to justify the ground for 
condonation of delay.
The Bench said:
“Considering
 the fact that there was no proper explanation offered by the department
 for the delay except mentioning of various dates, according to us, the 
department has miserably failed to give any acceptable and cogent 
reasons sufficient to condone such a huge delay.
“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 have a separate 
period of limitation when the Department was possessed with competent 
persons familiar with court proceedings.”
The Bench noted that even the certified order copy was obtained only after four months.
The
 Bench said: “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. 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 bonafide, 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 Bench, while dismissing the appeal on grounds of delay, did not go into the issue on merits.
·  Postal Department filed appeal after a delay of 427 days
·  No proper explanation offered by department for the delay
Source :  thehindu dtd 24/02/212

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