STATE OF JHARKHAND & ORS.versusKRISHNA PRADHAN & ORS

                    [2010] 12 S.C.R. 201


             STATE OF JHARKHAND & ORS.                             A
                               v.
               KRISHNA PRADHAN & ORS.
                (SLP No. 29275 of 2010)
                     OCTOBER 1, 2010
                                                                   B
     [MARKANDEY KATJU AND T.S. THAKUR, JJ.]

    GOVERNMENT LIT/GA TION:

     Inordinate delay in filing writ petitions/appeals - Held:     c
Cases are coming before Supreme Court and High Courts
where appeals or writ petitions are filed by the government or
the State Authorities after inordinate delay and an explanation
is sought to be given in the application for condonation of
delay that the file was moved from one desk to another or the      D
approval was sought from the higher authority which took
considerable time - This practice is often adopted by officials
of various State Governments and has become a regular
feature - The explanation usually given for the delay is the
red tape in government offices - It is high time that this ma/-    E
practice be severely rooted out and an effectual mechanism
be adopted all over the country so that such delays do not
occur in future - The Chief Secretary for the State of
Jharkhand will file an affidavit explaining what action has been
taken against the officials causing the delay - In case, no
action has been taken, reasons for the same be mentioned           F
- Let the copy of this order be sent to Solicitor General of
India, who is requested to assist the Court as an amicus curiae
- Copies shall also be sent to the Chief Secretaries of all the
States so that effective action may. be taken in this regard -
Administration of Justice - De/ay/Laches - Delay by                G
Government authorities in filing writ petitions/appeals.

     CIVIL APPELLATE JURISDICTION : Special Leave
Petition (C) No. 29275 of 2010.
                            201                                    H
    202       SUPREME COURT REPORTS                 [2010] 12 S.C.R.


A       From the Judgment & Order dated 1.4.2009 of the High
    Court of Jharkhand at Ranchi in SA No. 216 of 2005.

          Ratan Kumar Choudhuri for the Petitioners.

          Nagendra Rai, Ranjeet Kumar for the Respondents.
B
          The following Order of the Court was delivered

                                 ORDER

          Issue notice.
c
         In this case, second appeal before the High Court was filed
    after 501 days. In this Court also the petition has been filed after
    delay of more than one year.

         It appears that cases are coming up before this Court, and
0
  probably before the High Court also, where appeals or writ
  petitions are filed after inordinate delay and an explanation is
  sought to be given in the application for condonation of delay
  in such cases filed by the government or the State Authorities
  that the file was moved from one desk to another or the approval
E was sought from the higher authority which took considerable
  time. We feel that the beneficiary of the judgment may be hand
  in glove with the officials in the Government Department who
  deal with the files, and files are suppressed for a long period,
  and then the appeal before the High Court or Supreme Court
F is filed after a long delay to get the appeal dismissed on the
  ground of delay. Huge amonts of public money of public
  property may be involved and the Government will be the loser
  on the technical point of limitation in such cases. This racket
  has been going on for a long time not only before the Supreme
G Court but also before the High Courts. Now the time has come
  that this racket should come to an end and the officials
  responsible for this be given severe punishment.

       The Chief Secretary for the State of Jharkhand will file an
H affidavit explaining what action has been taken against the
    STATE OF JHARKHAND & ORS. v. KRISHNA                      203
               PRADHAN & ORS.
officials causing the delay. In case, no action has been taken,      A
reasons for the same be mentioned.

    This practice is often adopted by officials of various State
Governments and has become a regular feature. The
explanation usually given for the delay is the red tape in
                                                                     B
government offices.

     It is high time that this mal-practice be severely rooted out
and an effectual mechanism be adoptd all over the country so
that such delays do not occur in future.
                                                                     c
     Let a copy of this order be sent to the learned Solicitor
General of India, who is requested to assist us as amicus
curiae.

     Copies shall also be sent to the Chief Secretaries of all
the States so that effective action may be taken in this regard.     D
Issue notice to all Chief Secretaries of States/Union Territories
in India.

     Mr. Nagendra Rai, Sr. Advocates appears on behalf of
respondent Nos. 1 to 3. He prays for and is granted four weeks'      E
time to file counter affidavit. List on 8.11.2010.

R.P.                                          Matter adjourned.