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2004 Supreme(SC) 1320

SUPREME COURT OF INDIA
Y.K. SABHARWALAND D.M. DHARMADHIKARI, JJ
STATE OF A.P. PETITIONER;
VERSUS
FOOD CORPORATION OF INDIA RESPONDENT.
SLPS (C) NO. OF 2004 (CC NO. 9362 OF 2004) WITH NO. (CC NO. 9529 OF 2004),
DECIDED ON OCTOBER 15,2004

Headnote:

Constitution of India, Article 136 - Delay in filing SLP- Accountability of State Officials - Petitions filed by the State after delay of 2634 and 2900 days- Explanation that the matter was put up before different higher levels and the papers were sent to the Special Officer, Office of the Advocate-on-Record not accepted- Held filing of petitions in that manner was wastage the time of the Court and of public money-The impugned orders challenged after more than eight years with almost no explanation- Application for condonation of delay dismissed- Directions issued that enquiry be made by the State Government as to the person responsible for such state of affairs and recover from such person the costs involved in filing the petitions within a period of four weeks.[Paras 1 and 2]

ORDER

1. THE FOOD CORPORATION OF INDIA, HYDERABAD, IS THE RESPONDENT IN THESE PETITIONS. THE DISPUTE RELATES TO ASSESSMENT YEARS 1972-73 AND 1973-74 UNDER THE CENTRAL SALES TAX ACT. THE IMPUGNED JUDGMENT OF THE HIGH COURT IS DATED 24-6-1996 IN SLP (C) NO. CC NO. 9362 OF 2004 AND DATED 25-6-1996 IN SLP (C) NO. CC NO. 9529 OF 2004. THE PRESENT PETITIONS WERE FILED ON 26-8-2004 AND 1-9-2004 WITH DELAY OF 2634 AND 2900 DAYS RESPECTIVELY. THE ONLY EXPLANATION GIVEN BY THE PETITIONER STATE OF A.P. IS THAT:

"THE DEPARTMENT EXAMINED THE MATTER AT DIFFERENT HIGHER LEVELS AND A FINAL DECISION TO FILE THE SPECIAL LEAVE PETITION BEFORE THIS HONBLE COURT WAS TAKEN AND THE PAPERS WERE SENT TO THE SPECIAL OFFICER, OFFICE OF THE ADVOCATE-ON-RECORD ON 29-5-2004 AND THE SAME WERE RECEIVED ON 10-6-2004."

WE ARE SHOCKED AS TO THE MANNER IN WHICH THE STATE GOVERNMENT IS FILING PETITIONS IN THIS COURT RESULTING NOT ONLY IN WASTING THE TIME OF THIS COURT AND ALL OTHERS CONCERNED BUT IN TOTAL WASTE OF PUBLIC MONEY. THE IMPUGNED ORDERS HAVE BEEN CHALLENGED AFTER MORE THAN EIGHT YEARS WITH ALMOST NO EXPLANATION, AS IS EVIDENT FROM THE PARAGRAPH REPRODUCED ABOVE.

2. IN THIS VIEW, WHILE DISMISSING THE APPLICATIONS SEEKING CONDONATION OF DELAY, WE DIRECT THAT ENQUIRY BE MADE FORTHWITH BY THE STATE GOVERNMENT AS TO THE PERSON RESPONSIBLE FOR THIS STATE OF AFFAIRS, RECOVER FROM SUCH PERSON THE COSTS INVOLVED IN FILING THESE PETITIONS AND SUBMIT THE REPORT TO THIS COURT

WITHIN A PERIOD OF FOUR WEEKS.

3. COPY OF THIS ORDER SHALL BE SENT TO THE CHIEF SECRETARY OF THE STATE AS ALSO TO THE HEAD OF THE DEPARTMENT OF SALES TAX OF THE STATE. THE CHIEF SECRETARY SHALL FILE AFFIDAVIT, ALONG WITH HIS REPORT IN TERMS OF THIS ORDER.

4. ACCORDINGLY, THE APPLICATIONS SEEKING CONDONATION OF DELAY ARE DISMISSED. CONSEQUENTLY, THE SPECIAL LEAVE PETITIONS ARE ALSO DISMISSED.

COURT MASTERS

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