"Attitude Of Union Of India Has Been Lackadaisical": Delhi High Court Grants Last Opportunity For Filing Reply, Imposes Rs. 50K Cost

Noting that the attitude of the Union of India has been lackadaisical resulting in unnecessary adjournments in a case raising 'serious allegations' against Government Officers, the Delhi High Court has granted last and final opportunity to the Centre for filing it's reply subject to a cost of Rs. 50,000.

Justice Subramonium Prasad was dealing with a plea which sought directions on the CBI and other authorities to conduct a proper and fair investigation by an officer not below the rank of Superintending of Police in the matter allegedly exposing the scandal of nexus among the accused persons and other officials regarding allegations of corruption.

"This Court deprecates the manner in which the matter is being taken so lightly and inspite of the numerous chances given, reply has not been filed till date. The attitude of the Union of India has been lackadaisical which has resulted in unnecessary adjournments," the Court said.

Earlier, in November last year, the Court had pulled up the Central Government over non-compliance of judicial orders and delay in filing response, despite a lapse of over 7 months in the matter. It had also sought personal appearance of Secretary of the Ministry of Culture in the matter on being anguished by constant non-compliance of its orders.

"Appalling, Complete Lackadaisical Approach": Delhi HC Pulls Up Centre Over Non Compliance Of Orders, Delay In Filing Response

While the Centre was given time to file the status report in April, the matter was adjourned thereafter till July due to non-compliance. In July, the standing counsel submitted that the Ministry of Culture is the concerned Department in this case and not the Home Ministry. Thus, matter was adjourned till September granting more time for filing of status report.

On September 6, 2021, the Court expressed its anguish for non-filing of status report and an Officer not below the rank of Joint- Secretary, Ministry of Culture was directed to join the proceedings to explain as to why the Status Report was not filed so far.

During the recent course of hearing on February 9, the Court noted that further time was granted to the Centre in November last year to file reply on the merits of the case.

"The matter was listed today and the counsel appearing for the Union of India prayed for two day's time to file a counter reply. This Court was anguished that despite notice being issued in March, 2021, the Union of India had failed to file its reply even after the lapse of eleven months," the Court said.

However, the Court granted two days time as a last and final opportunity to the Union of India to file its reply subject to deposit of Rs.50,000 cost with Armed Forces Battle Casualties Welfare Fund.

"If the reply is not filed within two days and does not come on record, this Court will proceed to hear the matter finally without the reply of the Union of India. The amount after deposit should be recovered from the concerned Officer after fixing responsibility," the Court said.

The matter is now listed for March 31 for final hearing.

Title: HARVIR SINGH v. CENTRAL BUREAU OF INVESTIGATION AND ORS

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