Full Judgment Text
1
REPORTABLE
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
SPECIAL LEAVE PETITION No.29275 of 2010
(Arising out of C.C. No.14940 of 2010)
STATE OF JHARKHAND & ORS. Petitioner(s)
VERSUS
KRISHNA PRADHAN & ORS. Respondent(s)
O R D E R
Issue notice.
In this case, second appeal before the High
Court was filed after 501 days. In this Court also
the petition has been filed after delay of more than
one year.
It appears that cases are coming up before this
Court, and probably before the High Courts also, where
appeals or writ petitions are filed after inordinate
delay and an explanation is sought to be given in the
application for condonation of delay in such cases
filed by the government or the State Authorities that
the file was moved from one desk to another or the
approval was sought from the higher authority which
took considerable time. We feel that the beneficiary
of the judgment may be hand in glove with the
officials in the Government Department who deal with
2
the files, and files are suppressed for a long period,
and then the appeal before the High Court or Supreme
Court is filed after a long delay to get the appeal
dismissed on the ground of delay. Huge amounts of
public money or public property may be involved and
the Government will be the loser on the technical
point of limitation in such cases. This racket has
been going on for a long time not only before the
Supreme Court but also before the High Courts. Now
the time has come that this racket should come to an
end and the officials responsible for this be given
severe punishment.
The Chief Secretary for the State of Jharkhand
will file an affidavit explaining what action has been
taken against the officials causing the delay. In
case, no action has been taken, reasons for the same
be mentioned.
This practice is often adopted by officials of
various State Governments and has become a regular
feature. The explanation usually given for the delay
is the red tape in government offices.
It is high time that this mal-practice be
severely rooted out and an effectual mechanism be
adopted all over the country so that such delays do
3
not occur in future.
Let a copy of this order be sent to the learned
Solicitor General of India, who is requested to assist
us as amicus curiae.
Copies shall also be sent to the Chief
Secretaries of all the States so that effective action
may be taken in this regard. Issue notice to all Chief
Secretaries of States/Union Territories in India.
Mr. Nagendra Rai, Sr. Advocate appears on
behalf of respondent Nos. 1 to 3. He prays for and is
granted four weeks' time to file counter affidavit.
List on 8.11.2010.
..................J.
(Markandey Katju)
..................J.
(T.S. Thakur)
New Delhi.
st
Dated 1 October, 2010