Bureaucratic delays can’t be excuse for filing Appeal beyond Limitation Period: SC imposes Cost of Rs. 25,000 on Customs Authorities [Read Order]

The Supreme Court while imposing the costs of Rs. 25,000 on Customs Authorities held that the bureaucratic delays can not be excused for filing appeal beyond the limitation period.

The petitioner, Custom Commissioner has approached the court with an application for condonation of delay.

The division bench of Justice Sanjay Kishan Kaul and Justice Krishna Murari perused the application for condonation of delay and noted that no doubt some time period was spent in the High Court, but the High Court ultimately held that the appeal would not be maintainable but will lie to this Court vide order dated December 6, 2019.

The bench said that the petitioner has approached this Court in a casual manner without any cogent or plausible ground for condonation of delay.

The court has repeatedly discouraged State Governments and public authorities in adopting an approach that they can walk into the Supreme Court as and when they please ignoring the period of limitation prescribed by the Statutes as if the Limitation statute does not apply to them.

“We have also categorized such kinds of cases as “certificate cases” filed with the only object to obtain a quietus from the Supreme Court on the ground that nothing could be done because the highest Court has dismissed the appeal. The objective is to complete a mere formality and save the skin of the officers who may be in default in following the due process or may have done it deliberately. We have deprecated such practice and process and we do so again. We refuse to grant such certificates and if the Government/public authorities suffer losses, it is time when concerned officers responsible for the same, bear the consequences,” the Apex Court said.

The Bench while looking to the period of delay and the casual manner in which the application has been worded, considered it appropriate to impose costs on petitioners of Rs.25,000/- for wastage of judicial time which has its own value and the same be deposited with the Supreme Court Advocates on Record Welfare Fund within four weeks. The amount to be recovered from the officers responsible for the delay in filing the Special Leave Petition and a certificate of recovery of the said amount be also filed in this Court within the same period of time.

To Read the full text of the Order CLICK HERE

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