SC imposes a 1-liter fine on babus for delayed appeals | India News
NEW DELHI: The rate at which the Supreme Court is imposing costs on the government for the enormous delays in filing appeals and recovering officials responsible for the delay, soon many officials would be left with a reduced paycheck in order of month.
Days after imposing a cost of Rs 25,000 on the railways and asking it to recover it from the officers responsible for the 385-day delay in filing an appeal in the SC, a bench of judges Sanjay Kishan Kaul, Dinesh Maheshwari and Hrishikesh Roy saddled on Thursday the HRD ministry cost 1 lakh rupees to file an appeal in the higher court after a delay of 2,509 days and take it to the SC after a delay of 532 days. He ordered the secretary of justice and the secretary of HRD to ensure that the cost of 1 lakh rupees was recovered from the officials responsible for the delay.
“The approach of the Union of India in the way in which it presented the present petition for special license infuriates us as all the previous lawyers appear to have been thrown away,” the court said.
In 2000 a court petition was filed raising the issue of parity in the salary scale of the employees of the Central Tibetan School Administration. A single court of the HC allowed it in May 2002. The Center filed an appeal but no one appeared when it was summoned to a hearing before a division court, which rejected it. After eight years, the Center requested restoration of the appeal saying that the lawyer had become a judge and was not aware of the “peculiar circumstances”. The HC had dismissed the statement and said that the Center was not an illiterate litigant.
The bank headed by Judge Kaul agreed with the HC, saying: “The powerful government of India is run by a large legal department that has numerous officers and advocates. The excuse given for the delay is, to say the least, absurd “.
In the case at hand, the court dismissed the appeal and ordered: “In view of the gross negligence and impunity with which the Union of India has addressed this court in a matter such as this, we consider it appropriate to impose a special cost of Rs 1, in this case, lakh will be recovered from the officials concerned and deposited in the Welfare Fund of the Supreme Court Lawyers within four weeks.