Excelsior Correspondent
Srinagar, Mar 25: High Court today dismissed the petition of Health Department challenging the 13-year old order passed by the trial court by recording that court cannot be a place for the Governments to walk in when they choose, ignoring the period of limitation prescribed.
“While dealing with the issue of delay in filing the appeals, court has observed that the counselling to Government and Government authorities have fallen on deaf ear and that the Court cannot be a place for the Governments to walk in when they choose, ignoring the period of limitation prescribed”, Justice Ali Mohammad Magrey said while dismissing the appeal of Director Health Services Kashmir.
Justice Magrey further observed that the Governments and their functionaries cannot claim that they have a separate period of limitation when the departments are possessed with competent persons familiar with court proceedings.
The appeal was preferred by the Director Health Services after delay of 13 years, 09 month and 20 days against the decree passed by the trial court in favour of the employee of the department. The impugned decree was challenged on the ground that the same is nullity and is not executable because the employee-Iqbal Ahmad Baqal had left the job when he failed to join the office of Block Medical Officer, Beerwah he was transferred for further duties from the Directorate office and instead instituted the civil suit by concealing real facts and misrepresenting the material facts.
Justice Magrey said a preposterous proposition is sought to be propounded that if there is some merit in the case, the delay is to be given a go-by. “If a case is good on merits, it will succeed in any case. It is really a bar of limitation which can even shut out good cases. This does not, of course, take away the jurisdiction of the Court in an appropriate case to condone the delay”, Justice Magrey recorded.
Court having regard to what has been stated by Supreme Court said, there is no good and sufficient ground shown by the appellant-Director to condone the un-explained and inordinate delay of 13 years, 9 months and 20 days. “In view of the above, there is no merit in the instant application which warrants dismissal, accordingly, same is dismissed. Since application seeking condonation of delay has been dismissed, as a corollary, Appeal being time barred is also dismissed”, Court concluded.
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