2020 (10) TMI 1387 - SCH - Indian Laws

Condonation of delay in filing SLP - incompetence of legal department - HELD THAT - Looking to the period of delay and the casual manner in which the application has been worded the wastage of judicial time involved we impose cost on the petitioner/State of Rs.35, 000/- to be deposited with the Mediation and Conciliation Project Committee. The amount be deposited within four weeks. The amount be recovered from the officer(s) responsible for the delay in filing and sitting on the files and certificate of recovery of the said amount be also filed in this Court within the said period of time. SLP dismissed.

Summary

Issues involved: Delay in filing Special Leave Petition, incompetence of legal department, imposition of costs.

The Supreme Court of India addressed the issue of delay in filing a Special Leave Petition (SLP) by the State of Madhya Pradesh, highlighting a delay of 588 days. The Court expressed concern over the repeated delays by the State and emphasized the need for timely filing of appeals. The Court noted that the Law Department took 17 months to decide on filing the SLP, indicating incompetence within the legal department. The Court directed the Chief Secretary of the State to consider revamping the legal department to ensure timely filings. The Court cited previous judgments to emphasize that such delays are no longer acceptable.

Furthermore, the Court raised the issue of these cases being used as "certificate cases" to obtain a dismissal certificate from the Supreme Court, potentially to protect defaulting officers. The Court criticized the lack of action against officers responsible for delays and inaction. In light of the delay and the casual manner of the application, the Court imposed a cost of Rs. 35,000 on the petitioner/State to be deposited with the Mediation and Conciliation Project Committee. The Court specified that the amount should be recovered from the officers responsible for the delay, with a certificate of recovery to be filed in the Court. The Court warned that costs would increase for any successive matters of a similar nature.

Ultimately, the Special Leave Petition was dismissed as time-barred due to the delay. The Court emphasized that failure to comply with the order within the specified time could lead to contempt proceedings against the Chief Secretary. A copy of the order was directed to be placed before the Chief Secretary for the State of Madhya Pradesh to ensure awareness of the Court's directives.