Lack of Authorized Translator in Dept not a ‘Sufficient Cause’ to Condone Delay in Filing Revision: Uttarakhand HC [Read Judgment]

Condone Delay - Uttarakhand High Court - Taxscan

A division bench of the Uttarakhand High Court, while refusing to condone delay of 1782 days in filing a revision petition, held that the reason pointed out by the department, i.,e lack of authorized translator in the department is not a sufficient reason to condone the delay.

The affidavit filed by the department said that the Department had initiated necessary steps within time for obtaining the permission from the Law Department for filing the present revision, but considerable time was consumed in completing the procedural formalities and only then the permission was granted by the Law Department. The Department instructed the concerned official to contact the Office of the Chief Standing Counsel, who in pursuance of said direction contacted the office of the Chief Standing Counsel and the case was allotted to the State Counsel. Since there was no authorized translator in the Department as well as in the office of the Chief Standing Counsel, it took some time to translate the documents.

Rejecting the above contentions, Justice Lok Pal Singh and Justice Rajiv Sharma relied on various judicial decisions and observed that the reason cannot be treated as a sufficient cause for such delay.

“Since the delay in filing the revision is inordinate and has not been explained sufficiently in the affidavit accompanying the delay condonation application and not even a single condition laid down by Hon’ble Apex Court in judgments (supra) has been satisfied, the delay condonation application (CLMA no. 1211 of 2017) is liable to be dismissed,” the bench said.

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