SC frowns at inordinate delay by govt authorities in submitting appeals | India Information


NEW DELHI: The Supreme Courtroom has deprecated the “inordinate delays” by authorities authorities in submitting appeals earlier than it, and stated they “should pay for wastage of judicial time” and such prices will be recovered from officers accountable.
A bench headed by Justice S Okay Kaul stated the apex courtroom can’t be a spot for the governments to stroll in after they select ignoring the interval of limitation prescribed within the statute.
“We now have raised the problem that if the federal government equipment is so inefficient and incapable of submitting appeals/petitions in time, the answer could lie in requesting the Legislature to increase the time interval for submitting limitation for presidency authorities due to their gross incompetence. That’s not so,” stated the bench, additionally comprising Justice Dinesh Maheshwari.
“Until the statute subsists, the appeals/petitions need 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 highest courtroom famous the reason given within the utility for condonation of delay which acknowledged that it was resulting from unavailability of paperwork and means of arranging them and likewise that in “bureaucratic course of works, it’s inadvertent that delay happens”.
“We’re constrained to pen down an in depth order as it seems that all our counselling to authorities and authorities authorities have fallen on deaf ears i.e., the Supreme Courtroom of India can’t be a spot for the governments to stroll in after they select ignoring the interval of limitation prescribed,” it stated.
The bench stated a “preposterous proposition” is sought to be propounded that if there’s some benefit within the case, the interval of delay is to be given a go-by.
“If a case is nice on deserves, it’s going to reach any case. It’s actually a bar of limitation which may even shut out good circumstances. This doesn’t, in fact, take away the jurisdiction of the courtroom in an acceptable 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 Courtroom to place a quietus to the problem and thus, say that nothing could possibly be executed as a result of the best courtroom has dismissed the attraction.
“It’s to finish this formality and save the pores and skin of officers who could also be at default that such a course of is adopted. We now have on earlier events additionally strongly deprecated such a apply and course of. There appears to be no enchancment,” it stated.
“The aim of coming to this courtroom is to not acquire such certificates and if the federal government suffers losses, it’s time when the involved officer accountable for a similar bears the implications,” the bench famous.
The highest courtroom stated no motion is taken towards the officers, who sit on the recordsdata and do nothing, and it’s presumed that courtroom would condone the delay.
“We’re thus, constrained to ship a sign and we suggest to do in all issues at this time, the place there are such inordinate delays that the federal government or state authorities coming earlier than us should pay for wastage of judicial time which has its personal worth. Such prices will be recovered from the officers accountable,” the bench stated.
It famous in its order that little question, some leeway is given for “authorities inefficiencies” however the unhappy half is that authorities carry on counting on judicial pronouncements for a time frame when expertise had not superior and a larger 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 Undertaking Committee.
“The quantity be recovered from the officers liable for the delay in submitting the particular depart petition and a certificates of restoration of the stated quantity be additionally filed on this courtroom throughout the stated time frame,” it stated.
The bench made it clear that if its order just isn’t complied inside time, it might be constrained to provoke contempt proceedings towards the chief secretary of the state.

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