Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2020 Supreme(SC) 737

SUPREME COURT OF INDIA
SANJAY KISHAN KAUL, K.M. JOSEPH, JJ.
THE STATE OF WEST BENGAL & ORS. - Petitioners
Vs.
SOROJ KUMAR MONDAL & ORS. - Respondents
SPECIAL LEAVE PETITION (CIVIL) Diary No(s). 18873/2019
(Arising out of impugned final judgment and order dated 25-06-2014 in WPLRT No. 180/2014 passed by the High Court at Calcutta)
Decided On : 19-06-2020

Advocates Appeared:
For the Petitioners: Mr. Suhaan Mukerji,Adv., Ms. Liz Mathew,Adv., Mr. Vishaal Prasad,Adv., Mr. Amit Verma,Adv.
For M/S. Plr Chambers And Co., AOR

An enormous delay in filing a Special Leave Petition without sufficient justification is not acceptable. The government cannot claim a right to file the petition whenever they want, even if other matters are pending. The government can recover financial compensation for any loss suffered.

Headnote:
Delay in filing the Special Leave Petition is governed by the Limitation Act. The court did not specifically refer to any acts or sections in this judgment.
Fact of the Case:
The petitioner filed a Special Leave Petition (SLP) after a delay of 1697 days. The petitioner claimed that the delay was due to public interest and other pending matters. The court found that the delay was unreasonable and that the government had been negligent in looking after public interest. The SLP was ready for filing on 18.02.2015, but was filed 2½ years later on 23.08.2018. The court rejected the plea that the government has a right to file the SLP whenever they want, even if other matters are pending. The court dismissed the SLP as barred by time and allowed the government to recover financial compensation from those responsible for causing loss to the government.
Finding of the Court:
The court analyzed the reasons given for the delay in filing the SLP and found them to be insufficient. The court emphasized that the government cannot walk into the court whenever they want, disregarding other pending matters. The court also stated that if the government has suffered any consequences monetarily or otherwise, they can recover financial compensation from those responsible for causing the loss.
Ratio Decidendi: The court held that an enormous delay in filing a Special Leave Petition without sufficient justification is not acceptable. The government cannot claim a right to file the petition whenever they want, even if other matters are pending. The court also emphasized that the government can recover financial compensation for any loss suffered.
Result: The Special Leave Petition is dismissed as barred by time. Any pending application is also disposed of.

ORDER :

1. The only explanation given for the enormous delay of 1697 days in filing is stated to be that there is a public interest involved and there are certain other matters pending. All we can say that if there is public interest involved then the Government has been grossly negligent to look after public interest. Not only that, a reading of the application for condonation of delay shows that in the worst case scenario, with all its delays, the matter was ready for filing of the SLP on 18.02.2015 whereafter a certified copy of the order was applied later on (one wonders why) and thereafter we straightaway come about 2½ years later on 23.08.2018.

2. We are unable to accept the plea that the Government has a right to walk into this Court as and when they want even if other matters are pending. We find that there is no merit in the application and thus, if the Government has suffered any consequences thereof monetarily or otherwise, it is always open to the Government to recover financial re-compensation from the persons responsible for causing loss to the Government.

3. The Special Leave Petition is dismissed as barred by time.

4. Pending application, if any, shall also stand disposed of.

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