CUTTACK: Inordinate delay in submitting of appeals by the State authorities towards hostile orders of the Excessive Court docket and tribunals has come into focus for the second time in 4 months.
Such lapses assume significance as they’ve resulted in main embarrassments for the federal government because of the dismissal of its attraction petitions.
On January 11 this 12 months, the Supreme Court docket had dismissed a particular depart petition filed by the federal government and imposed a tremendous of Rs 25,000 for submitting it belatedly with out providing any credible rationalization.
Deprecating the federal government for a similar lapses, the Orissa Excessive Court docket on Wednesday dismissed its petition towards an Odisha Administrative Tribunal (OAT) order because it was filed after three years.
Nonetheless, the HC didn’t impose any tremendous on the federal government. The OAT had issued the order on February 1, 2018, however the authorities filed the petition difficult it on March 9, 2021. The division bench of Chief Justice S Muralidhar and Justice KR Mohapatra mentioned, “An inordinate delay of three years in submitting the writ petition with out providing a reputable rationalization for the delay would appeal to the doctrine of laches. Consequently, the petition is dismissed on the bottom of delay and laches.”
“The current is one such case the place the reason provided for the inordinate delay of three years in submitting the writ petition is completely unsatisfactory and unconvincing. Though there isn’t a statutory interval of limitation as such for submitting a writ petition, the doctrine of laches is attracted”, the bench noticed.
The federal government had within the petition acknowledged the Legislation division after contemplating the gravity of the matter intimated the Advocate Basic by way of a letter on August 24, 2020 to take obligatory steps to file a writ petition assailing the OAT order.