Union Of India vs Rahee Allied (Jv) And Ors on 8 March, 2022
The question whether a Government should be treated differently
and should form a distinct and separate class while considering an
application for condonation of delay has been considered in State of
West Bengal vs. West Bengal Judicial Service Association reported
at 1990(2) CLJ 73 and the State of West Bengal vs. Nipendra Nath
Banerjee & Ors. reported at AIR 1992 Cal 179. The said two
decisions have addressed the reasons why the Government should not
suffer due to delay or latches which may not be deliberate. Ordinarily a
litigant does not stand to benefit by lodging an application late. When
substantial justice and technical considerations are pitted against
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each other cause of substantial justice discerns to be preferred for the
other side cannot claim to have vested right in injustice being done
because of a non deliberate delay. If a proceeding initiated by the
Government is nipped in the bud due to delay no person is individually
affected. In the ultimate analysis the public interest is affected. It
cannot be overlooked that the decisions of the Government are
collective and institutional decisions and do not share the
characteristics of decisions of private individuals. Government
decisions are proverbially slow, incumbent, as they are, by a
considerable degree of procedural red tape in the process of their
making which may include preparing notes, file pushing and shifting
the responsibility on others. The bureaucratic decision making process
sometimes becomes too fatal for the Government. The relief under
Section 5 of the Limitation Act is discretionary.