The Supreme Court, while dismissing a special leave petition filed by the state of Madhya Pradesh with a delay of 588 days has remarked that the state continuously doing the same thing again and again and it seems to be ‘Incorrigible Conduct’
A bench comprising of Justice Sanjay Kishan Kaul and Justice Hrishikesh Roy has directed the Chief Secretary of the Madhya Pradesh to look into the revamping aspect of the Legal Department. The court also said that the department is unable to file appeals within any reasonable period of time much less within limitation.
Recently, in the similar case the Supreme Court had passed a detailed order criticizing the Govt. authorities for filing delayed petitions, while dismissing a Special Leave Petition filed by the Madhya Pradesh State.
Consequently, in this matter the apex court has noted that the Law Department took about 17 months time for filing the SLP. The Court said that,
“These kinds of excuses, as already recorded in the aforesaid order, are no more admissible in view of the judgment in Office of the Chief Post Master General & Ors. vs. Living Media India Ltd. & Anr.(2012) 3 SCC 563.”
Therefore, the apex court has imposed Rs. 35,000/- on the state of MP as a fine and also cautioned the Deputy Advocate General that for any successive matters of this kind the said cost will keep on going up. And further concluded that the amount should 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 appropriate court within the said time period.
The Bench also added that, “We have also expressed our concern that these kinds of the cases are only “certificate cases” to obtain a certificate of dismissal from the Supreme Court to put a quietus to the issue. The object is to save the skin of officers who may be in default. We have also recorded the irony of the situation where no action is taken against the officers who sit on these files and do nothing.”
**Incorrigible Conduct – the behaviour that doesn’t improve or incapable of being corrected.
Case Title : State of Madhya Pradesh vs. Chaitram Maywade (SLP.No. 13348/2020)