Haryana Staff Selection Commission Seeks Waiver Of 10K Cost For Not Filing Reply, High Court Makes It 20K For Causing Further Delay

The Punjab & Haryana High Court doubled the costs imposed on the Haryana Staff Selection Commission for not filing a reply despite repeated orders, thereby delaying the conclusion of pleadings in the case.

Justice Sandeep Moudgil said, "the court is at pain to see such an application wherein the State is seeking waiver of costs of Rs.10,000, [the cost] was imposed on Commission, which has a large number of [functionaries in Court] but still the pleadings are not being completed in time."

The Court further said that the application for waiver had been filed by the State Government instrumentality without bothering about the expenses which would be incurred by the Court in listing the application. It observed:

"After filing of the same in the Registry including various channels like scanning, processing in the listing branch etc. apart from pressurizing the whole manpower assigned with said system in motion for such an unwarranted application."

These developments came after the Court had imposed a cost of Rs.10,000 on the Haryana Staff Selection Commission (HSSC) for not filing its reply in the proceedings despite being given several opportunities.

On the earlier occasion, the Court had adjourned the matter upon stating that one last opportunity was being granted to the State, subject to payment of the cost of Rs.10,000/- to be deducted from the salary of the official, who erred responding to the Court's query.

However, it was noted that instead of the payment of costs imposed, an application was filed along with an affidavit of the Deputy Secretary, HSSC seeking waiver of the cost imposed upon him.

Justice Moudgil said that the cost imposed was on the consideration that since January 2023, the Commission had not made any attempt to file a rejoinder, and kept seeking extensions of time for the same.

Even at the present hearing, the Court noted that there had been no reply or counter filed by the Commission, which led to the proceedings being continuously deferred. 

In light of the above observations, the Court dismissed the application for waiver with the enhanced costs of Rs.20,000 "on account of the reason for not depositing the earlier cost in time."

The matter was deferred to January 25, for compliance with the order.

Appearance: S.K. Yadav, Advocate for the petitioner.

Sandeep Singh Mann, Addl. AG, Haryana.

Title: Abhay Singh v. Haryana Staff Selection Commission

Click here to read/download the order.