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2020 Supreme(SC) 737

SANJAY KISHAN KAUL, K.M.JOSEPH
STATE OF WEST BENGAL – Appellant
Versus
SOROJ KUMAR MONDAL – Respondent


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

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 dispos

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