GOVERNMENT OF THE PUNJAB through Chief Secretary, Civil Secretariat, Lahore and others vs MUHAMMAD KHAN and another
This matter concerns two petitions for leave to appeal filed by the Government of the Punjab against an earlier decision. The petitions were filed with significant delays of 89 and 97 days respectively. The core legal question addressed by the Supreme Court was whether the delay in filing these petitions could be condoned. The Court held that the delay was deliberate and intentional, lacking any plausible justification for condonation. Consequently, the petitions were dismissed as time-barred. Furthermore, the Court directed the Secretary of the Irrigation and Power Department, Lahore, to conduct a thorough inquiry to fix responsibility for the delay and initiate disciplinary action against the delinquent officials responsible for this negligence. The principle established is that unexplained, deliberate, and intentional delays in filing legal proceedings are not subject to condonation, and departmental accountability must be enforced for such procedural lapses.
- Can a petition for leave to appeal be entertained when it is filed with a significant, unexplained delay?
- Does the court have the authority to direct departmental inquiries against officials responsible for procedural delays in litigation?
ORDER
These petitions (C.P.L.As. Nos. 195-L and 199/L of 2002) are hopelessly time-barred and filed after a of 89 and 97 days respectively for which no plausible justification delay could be furnished on the basis whereof such delay could be condoned.
2. In our considered opinion the delay appears to be deliberate and intentional which aspect of the matter should be taken care of by the Secretary, Irrigation and Power Department, Lahore, who should conduct a thorough probe and fix responsibility for said delay and action be initiated against the delinquents to stop such condemnable practice in future. A copy of this order be sent to the Secretary, Irrigation and Power Department, Lahore, for compliance and report to the Registrar of this Court within a fortnight.
' Petitions are dismissed being time-barred.