Case Law Details
Commissioner Of Public Instruction & Ors. Vs Shamshuddin (Supreme Court )
Conclusion: SC on finding that the Special Leave Petition had been filed with delay of 1288 days without any cogent or plausible ground; had imposed costs on the authorities for wastage of judicial time and adopting an approach that they could walk in to the Supreme Court as and when they please ignoring the period of limitation prescribed by the Statutes, as if the Limitation statute did not apply to them.
Held: Government of Karnataka had issued the Government Order authorizing the Government Advocate however, after receipt of the writ petition along with relevant papers, it was submitted that the Government Advocate was busy in attending to Court work, could not prepare the petition immediately. The above showed the casual manner in which authorities had approached this Court without any cogent or plausible ground for condonation of delay. Thus, State Governments and public authorities were discouraged in adopting an approach that they could walk in to the Supreme Court as and when they please ignoring the period of limitation prescribed by the Statutes, as if the Limitation statute did not apply to them. Looking to the period of delay and the casual manner in which the application had been worded, it was appropriate to impose costs on the authorities for wastage of judicial time which had its own value and the same be deposited with the Supreme Court Employees Welfare Fund within four weeks. The amount be recovered from the officers responsible for the delay in filing the Special Leave Petition and a certificate of recovery of the said amount be also filed in this Court within the same period of time.
FULL TEXT OF THE SUPREME COURT JUDGEMENT
The Special Leave Petition has been filed with delay of 1288 days with an explanation given in the application for condonation of delay as under:
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