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DINESH MEHTA
State of Rajasthan – Appellant
Versus
Legal Representative of Nand Kishore Goyal – Respondent
JUDGMENT
Dinesh Mehta, J. - In review petition being SB Review Petition (Writ) No.220/2019 on 04.08.2021, this Court had observed thus :-
The Tribunal, on account of conduct, imposed the cost, which was to be deposited with the Legal Services Authority and when the writ petition came up before this Court, subject to the petitioners complying with the directions, the imposition of the cost was stayed, however, on account of delay in compliance of the directions, the writ petition was dismissed.
In the circumstances of the case, wherein the orders passed by the Tribunal have been complied with though with some delay and there is a direction of recovery of the said amount personally from the officers, which may affect their service career, the order dated 06.03.2019 passed by this Court is reviewed. The same to the extent of dismissal of the writ petition only against the imposition of the cost, is recalled. SBCW No. 18024/2018 is accepted only to the extent cost has been imposed on the petiti
The court established that costs imposed by a Tribunal can be reviewed and set aside if compliance with the Tribunal's orders is demonstrated and the affected party does not insist on the payment.
The Court reaffirmed that costs imposed for procedural negligence are not appealable and serve to discourage future lapses.
The court affirmed that unjust retention of funds violates fundamental principles of justice, and review jurisdiction is limited to specific grounds, not allowing for re-argument of previously decide....
Exemplary costs in writ petitions must be reasonable, based on actual gains and misconduct, and not arbitrary figures.
The court established that costs can be contested separately from the merits of a case, and that prior rulings can influence decisions on cost impositions.
The court may review and modify imposed costs based on the petitioner's financial circumstances and justice considerations.
The court established that costs imposed in Writ proceedings can be contested and modified based on the circumstances and agreements of the parties involved.
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