A bench headed by Justice S Ok Kaul stated 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 raised the problem that if the federal government equipment is so inefficient and incapable of submitting appeals/petitions in time, the answer might lie in requesting the Legislature to broaden 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 must be filed as per the statues prescribed,” the bench stated in its order whereas coping with an enchantment 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 acknowledged that it was as a result of unavailability of paperwork and strategy 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 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 sweet on deserves, it would achieve any case. It’s actually a bar of limitation which may even shut out good instances. This doesn’t, after all, take away the jurisdiction of the court docket in an acceptable case to condone the delay,” it stated.
The bench famous that such method is being adopted and the article seems to be to acquire a certificates of dismissal from the Supreme Court docket to place a quietus to the problem and thus, say that nothing may very well be achieved as a result of the best court docket has dismissed the enchantment.
“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 on earlier events additionally strongly deprecated such a follow and course of. There appears to be no enchancment,” it stated.
“The aim of coming to this court docket 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 results,” the bench famous.
The highest 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’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 may be recovered from the officers accountable,” the bench stated.
It famous in its order that little doubt, 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 know-how had not superior and a higher leeway was given to the federal government.
The bench, which dismissed the enchantment on the bottom of delay, imposed a price of Rs 25,000 on Madhya Pradesh and stated it’s deposited inside 4 weeks with the Mediation and Conciliation Undertaking Committee.
“The quantity be recovered from the officers chargeable for the delay in submitting the particular depart petition and a certificates of restoration of the stated quantity be additionally filed on this court docket inside the stated time frame,” it stated.
The bench made it clear that if its order is just not complied inside time, it will be constrained to provoke contempt proceedings towards the chief secretary of the state.