Government Authorities Cannot Approach The Court As And When They Please: SC Pulls Up Bihar Govt. Over Delay [Read Order]

An order of the Single Judge of the Patna High Court was assailed before the Division Bench after a delay of 367 days. The Division Bench dismissed the application for condonation of delay on the ground that there was no sufficient cause shown for condonation of delay. After 728 days from the date of the Division bench order, a special leave petition was filed before the Supreme Court.

The reason stated by the State for the delay was that it took time to receive the affidavit and vakalatnama from the concerned department. The bench comprising Justice Sanjay Kishan Kaul and Justice Indira Banerjee said:

"We are of the view that a clear signal has to sent to the Government Authorities that they cannot approach the Court as and when they please, on account of gross incompetence of their officers and that too without taking any action against the concerned officers. No detail of this delay of 728 days have been given as if there is an inherent right to seek condonation of delay by State Government. The law of limitation apparently does not apply to the State Government according to its conduct. That such condonation of delay is no more admissible on the pretext of Government working lethargy is clear from the judgment of this court in The Chief Post Master General vs. Living Media India Ltd."

The court observed that the objective of filing this SLP is possibly to get a certificate of dismissal from the Supreme Court. This is complete wastage of judicial time and the petitioners must pay for the same, it added.

Dismissing the SLP, the bench also directed the Chief Secretary of the State of Bihar to look into this matter to ensure better management of the legal cases. It also said that the cost has to be recovered from the officers responsible for this delay.

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