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A. N. SEN, D. A. DESAI, Y. V. CHANDRACHUD
Shankar Dass – Appellant
Versus
Union Of India – Respondent
Judgment
CHANDRACHUD, CJI.:- Cases which evoke sympathy come frequently before the Court. But pity not often. The case before us has a unique story to tell the story of a crime committed under the stress of personal misery compounded by the apathy of the Establishment and the appalling delays of law. Ironically the silver lining is furnished by the bravery of a broken man who has been fighting against injustice for the last 23 years. When justice is done or so the Judges believe the conscience assuaged. But in this case, despite our doing all that can be done for the appellant within the framework of law we have an uneasy conscience. Delay not only defeats justice and robs it of its immediate relevance to the parties but it shakes the very confidence of the people in the desire and ability of law courts to assist them when they need that assistance most.
2. The appellant was retrenched by the Ministry of Rehabilitation. Government of India in 1960. whereupon he was employed as a Cash Clerk by the Delhi Milk Supply Scheme Department which is under the administrative control of the Government of India. In 1962 he was prosecuted for breach of trust in respect of a sum of Rs. 500/-. He r
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