2010 (10) TMI 275 - SC - Indian Laws

Delay in filing appeal - application for condonation of delay - files are suppressed for a long period - explanation given for the delay is the red tape in government offices - high time that this mal-practice be severely rooted out and an effectual mechanism be adopted all over the country so that such delays do not occur in future - copy of this order be sent to the learned Solicitor General - Copies shall to be sent to the Chief Secretaries of all the States so that effective action - notice to all Chief Secretaries of States/Union Territories

Summary

Issues Involved:
Delay in filing second appeal before the High Court and Supreme Court, explanation for delay, officials causing delay, malpractice by government officials, action against officials, red tape in government offices, need for effective mechanism to prevent delays.

Analysis:

Issue 1: Delay in filing second appeal before the High Court and Supreme Court
The judgment highlights the issue of appeals or writ petitions being filed after significant delays, both before the High Courts and the Supreme Court. The delay in this specific case was mentioned as 501 days before the High Court and over a year in the Supreme Court. The concern raised is that such delays may be intentional, with files being suppressed by officials to get the appeal dismissed on the ground of delay. This delay not only affects the administration of justice but also results in the loss of public money or property.

Issue 2: Explanation for delay and malpractice by government officials
The judgment points out that the common explanation provided for delays is the bureaucratic red tape in government offices. However, it suggests that in many cases, the delay may be a result of collusion between the beneficiaries of a judgment and government officials. The judgment expresses concern that this practice has become a regular feature and emphasizes the need to root out this malpractice. It calls for severe punishment for officials responsible for causing delays in filing appeals or petitions.

Issue 3: Action against officials causing delay
To address the issue of delays caused by officials, the judgment directs the Chief Secretary for the State of Jharkhand to file an affidavit explaining the actions taken against the officials responsible for the delay. If no action has been taken, reasons for the inaction are to be provided. This directive aims to hold accountable the officials involved in suppressing files or causing delays in legal proceedings.

Issue 4: Need for an effective mechanism to prevent delays
Recognizing that delays in filing appeals or petitions due to bureaucratic hurdles or malpractice are a widespread issue, the judgment calls for the implementation of an effectual mechanism nationwide to prevent such delays in the future. It emphasizes the importance of rooting out the malpractice of intentionally delaying legal proceedings and stresses the need for a system that ensures timely and efficient processing of cases.

In conclusion, the judgment addresses the serious issue of delays in legal proceedings caused by malpractice and collusion between beneficiaries and government officials. It emphasizes the need for accountability, severe punishment for those responsible for delays, and the establishment of an effective mechanism to prevent such delays in the future. The directive to the Chief Secretary and the call for action from all Chief Secretaries of States/Union Territories underscore the importance of addressing this issue at a systemic level to uphold the integrity and efficiency of the judicial process.