The Apex Court in UNION OF INDIA v. CENTRAL TIBETAN SCHOOLS ADMIN & ORS. slammed the union of India over repeatedly disregarding the period of limitation. The court also imposed a fine of Rs. 1lakh and stated that other than the lethargy and incompetence of the petitioner, there is nothing that has been put on record.
The Matter
A writ petition was filed 21 years back in 2000 raising a question of parity in the pay-scale of the employees of the Central Tibetan School Administration and the same was allowed in 2002. Union of India preferred a Letter Patent Appeal aggrieved by the said order which was dismissed in 2008. Union of India then in 2016 preferred an application seeking restoration of the LPA seeking condonation of delay of 2590 days. The application was thereafter dismissed in 2018. The Union of India then filed an SLP before the Apex Court after a delay of 532 days and 6616 days from the original order.
Court’s Reaction
Irked by the delay in filing the SLP the court slammed the government by stating that the government is manned with a large legal department having numerous officers and Advocates. The excuse given for the delay is, to say the least, preposterous. The Court further observed that they have been constantly reminding the governments to learn to file appeals in time and set their house in order. Despite imposing costs, the court said, the government has been acting in a sluggish manner. In the present matter as well, the court said the petitioners have approached without any cogent reasons.
The Court went on to say, “Other than the lethargy and incompetence of the petitioner, there is nothing which has been put on record.” The court also stated that many governments have been disregarding the period of limitation set up by the statute and have been approaching the apex court as if it did not apply to them. Despite improved technology the lethargic attitude of the governments is not appreciated by the court.
Certificate Cases
The Court characterizes such cases as ‘certificate cases’ with the only object to obtain a quietus from the Supreme Court on the ground that nothing could be done because the highest Court has dismissed the appeal. The objective is to complete a mere formality and save the skin of the officers who may be in default in following the due process or may have done it deliberately. The court deprecates such practices.
Thus the court while dismissing the SLP imposed a fine of Rs. 1 lakh.
Case Details
SPECIAL LEAVE PETITION (CIVIL) Diary No(s). 19846/2020
Coram- HON'BLE MR. JUSTICE SANJAY KISHAN KAUL, HON'BLE MR. JUSTICE DINESH MAHESHWARI and HON'BLE MR. JUSTICE HRISHIKESH ROY
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