FEDERATION OF PAKISTAN vs NIAZ AHMAD

1. ZIA MAHMOOD MIRZA, J.---This petition for leave to appeal filed against the judgment of Federal Service Tribunal is barred by 57 days. In the application for condonation of delay, the ground taken is that the matter "remained pending for discussion and consideration between Finance Division, Establishment Division and the Military Accountant-General" which caused the delay in tiling the petition in this Court. Such a plea has never been accepted as a valid ground for condonation of delay. Refer Commissioner of Income-tax v. Pir Ahmed Khan 1981 SCM R 37 wherein it was held: "The the said to have been spent during which the various authorities were examining the matter with a view to decide whether an appeal should or should not be filed cannot be excused. 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 Pis for it to take steps to have that law". It Was further observed in the afore-noted case that according to the law, each day's delay 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 condonation of delay. In the instant case, a vague and general assertion has been made in the condonation application and the delay of 57 days has not been duly and properly explained. In the circumstances, there being no good ground for condoning the inordinate delay the leave petition is dismissed as the-barred