The Supreme Court has deprecated the “inordinate delays” by authorities authorities in submitting appeals earlier than it, and stated they “must pay for wastage of judicial time” and such prices might be recovered from officers accountable.
A bench headed by Justice S Okay Kaul stated the apex court docket can’t be a spot for the governments to stroll in once they select ignoring the interval of limitation prescribed within the statute.
“We have raised the issue that if the government machinery is so inefficient and incapable of filing appeals/petitions in time, the solution may lie in requesting the Legislature to expand the time period for filing limitation for government authorities because of their gross incompetence. That is not so,” stated the bench, additionally comprising Justice Dinesh Maheshwari.
“Till the statute subsists, the appeals/petitions have to be filed as per the statues prescribed,” the bench stated in its order whereas coping with an attraction filed by Madhya Pradesh after a delay of 663 days.
The prime court docket famous the reason given within the software for condonation of delay which acknowledged that it was as a consequence of unavailability of paperwork and means of arranging them and likewise that in “bureaucratic process works, it is inadvertent that delay occurs”.
“We are constrained to pen down a detailed order as it appears that all our counselling to government and government authorities have fallen on deaf ears i.e., the Supreme Court of India cannot be a place for the governments to walk in when they choose ignoring the period of limitation prescribed,” it stated.
The bench stated a “preposterous proposition” is sought to be propounded that if there’s some advantage within the case, the interval of 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,” it stated.
The bench famous that such strategy is being adopted and the item seems to be to acquire a certificates of dismissal from the Supreme Court to place a quietus to the difficulty and thus, say that nothing might be performed as a result of the best court docket has dismissed the attraction.
“It is to complete this formality and save the skin of officers who may be at default that such a process is followed. We have on earlier occasions also strongly deprecated such a practice and process. There seems to be no improvement,” it stated.
“The purpose of coming to this court is not to obtain such certificates and if the government suffers losses, it is time when the concerned officer responsible for the same bears the consequences,” the bench famous.
The prime court docket stated no motion is taken towards the officers, who sit on the information and do nothing, and it’s presumed that court docket would condone the delay.
“We are thus, constrained to send a signal and we propose to do in all matters today, where there are such inordinate delays that the government or state authorities coming before us must pay for wastage of judicial time which has its own value. Such costs can be recovered from the officers responsible,” the bench stated.
It famous in its order that little doubt, some leeway is given for “government inefficiencies” however the unhappy half is that authorities carry on counting on judicial pronouncements for a time period when know-how had not superior and a higher leeway was given to the federal government.
The bench, which dismissed the attraction on the bottom of delay, imposed a value of Rs 25,000 on Madhya Pradesh and stated or not it’s deposited inside 4 weeks with the Mediation and Conciliation Project Committee.
“The amount be recovered from the officers responsible for the delay in filing the special leave petition and a certificate of recovery of the said amount be also filed in this court within the said period of time,” it stated.
The bench made it clear that if its order shouldn’t be complied inside time, it will be constrained to provoke contempt proceedings towards the chief secretary of the state.
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