The Supreme Court docket has deprecated the “inordinate delays” by authorities authorities in submitting appeals earlier than it, and mentioned they “should pay for wastage of judicial time” and such prices might be recovered from officers accountable.
A bench headed by Justice S Ok Kaul mentioned the apex court docket can’t be a spot for the governments to stroll in after they select ignoring the interval of limitation prescribed within the statute.
“We’ve got raised the difficulty 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 broaden the time interval for submitting limitation for presidency authorities due to their gross incompetence. That isn’t so,” mentioned the bench, additionally comprising Justice Dinesh Maheshwari.
“Until the statute subsists, the appeals/petitions must be filed as per the statues prescribed,” the bench mentioned in its order whereas coping with an attraction filed by Madhya Pradesh after a delay of 663 days.
The highest court docket famous the reason given within the software for condonation of delay which said that it was on account of unavailability of paperwork and technique 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 Court docket of India can’t be a spot for the governments to stroll in after they select ignoring the interval of limitation prescribed,” it mentioned.
The bench mentioned a “preposterous proposition” is sought to be propounded that if there may be some advantage within the case, the interval of delay is to be given a go-by.
“If a case is sweet on deserves, it’ll achieve any case. It’s actually a bar of limitation which might even shut out good instances. This doesn’t, in fact, take away the jurisdiction of the court docket in an applicable case to condone the delay,” it mentioned.
The bench famous that such method is being adopted and the thing seems to be to acquire a certificates of dismissal from the Supreme Court docket to place a quietus to the difficulty and thus, say that nothing may very well be performed as a result of the best court docket 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’ve got on earlier events additionally strongly deprecated such a apply and course of. There appears to be no enchancment,” it mentioned.
“The aim of coming to this court docket is to not get hold of 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 court docket mentioned no motion is taken in opposition to the officers, who sit on the information and do nothing, and it’s presumed that court docket would condone the delay.
“We’re thus, constrained to ship a sign and we suggest to do in all issues at the moment, 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 might be recovered from the officers accountable,” the bench mentioned.
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 period when know-how had not superior and a better 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 mentioned 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 go away petition and a certificates of restoration of the mentioned quantity be additionally filed on this court docket inside the mentioned time period,” it mentioned.
The bench made it clear that if its order just isn’t complied inside time, it could be constrained to provoke contempt proceedings in opposition to the chief secretary of the state.