LI Network
Published on: 14 August 2023 at 11:32 IST
The Delhi High Court has emphasized that condonation of delay should not be treated as a tool for the convenience of government departments.
Justice Chandra Dhari Singh stated that courts should treat government agencies justly when considering applications for condoning delays, and that the government holds a “special obligation” to fulfill its duties effectively.
While reprimanding the health department of the Delhi Government, the court addressed an application for condoning a delay of 651 days in filing a restoration petition.
The petition had been dismissed due to the non-appearance and non-compliance of the Delhi Government’s health department with court directives in May 2017.
Despite the department’s ample resources, the court highlighted that the petitioner had not filed the restoration application promptly, emphasizing that “condonation of delay is an exception which should not be used as per convenience of the Government Departments.”
Justice Singh noted that it was evident that the petitioner had not seriously pursued the matter, had previously delayed the case, and had not provided sufficient reasons for their inaction.
The court expressed displeasure at the department’s attitude and the impact it had on other parties involved.
The judge further highlighted that while government agencies may face bureaucratic delays, a delay of 691 days without reasonable justification cannot be acceptable.
Such actions, the court warned, could lead to an influx of similar applications based on similar grounds.
In evaluating the situation, the court concluded that the health department had failed to provide reasonable grounds for the delay and that the delay did not satisfy the necessary conditions for condonation under Section 5 of the Act.
Consequently, the court dismissed the application, affirming the principle that condonation of delay should not be misused by government departments for their convenience.
