GOVERNMENT OF BALUCHISTAN Versus ABDUL NABI

ORDER

1. ABDUL KADIR SHAIKH, J. ‑‑This petition is time‑barred by 111 days and the ground urged in support of the request for the condonation of the delay is that "in order to complete the departmental proceedings as sanction has to be obtained from various concerned quarters including Law Department etc. the petitioner could not submit the petition in this Hon'ble Court in time".

2. This Court has repeatedly held that such a plea does no constitute sufficient ground for the condonation of the delay. In Commissioner of Income‑tax v. Rais Pir Ahmad Khan (1981 S C M IR 37), this Court observed as under:

3. "This Court has repeatedly laid down that so far as the limitation is concerned, the Government cannot claim to be treated in any manner differently from an ordinary litigant. In fact, the Government enjoys unusual facilities for the preparation and conduct of their cases and its resources are much larger than those possessed by ordinary litigants. If in spite of these facilities the Government cannot comply with the requirement of the law of limitation, then it is for it to take steps to have that law changed. See Province of East Pakistan v. Abdul Hamid Darji (1970 S C M R 558), The Deputy Director, Food, Lahore Region, Lahore etc. v. Syed Safdar Hussain Shah (1979 SCMR 45) and Custodian of Enemy Property v. Hoshang N. Dastur and others (1979 S C M R 191).

4. We may again clarify that according to the law each day of limitation must properly and satisfactorily be explained and the excuse that the matter got delayed because of its having remained under examination at different departmental levels is never a valid ground for extension of period of limitation and does not constitute a sufficient ground for condonation of delay. It is a matter of regret that despite this position being repeatedly clarified by this Court and the High' Courts the Government Departments with all their resources continue to delay the filing of the cases in time with loss to the Government and the public interest. It is high time that the Government Departments so organise their business that legal cases are not unnecessarily delayed and are instituted in Court within the time limited for such matters."

5. In spite of these observations, if the Government Departments do not pay any heed to the care and caution administered it matters such as this, we have no option but to dismiss the petition.

6. The petition is accordingly dismissed.

7. M.I. /G‑124/S Petition dismissed.