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Supreme Court Order: Courts Be Conscious Of Bureaucratic Delays Supreme Court Order: Courts Be Conscious Of Bureaucratic Delays

Bronze medal Reporter Adv.vrinda Posted 29 Oct 2019
Supreme Court Order: Courts Be Conscious Of Bureaucratic Delays

The Supreme Court has observed that while considering the delay condonation pleas filed by State, the Courts should be conscious of the bureaucratic delays and the slow pace in reaching a Government decision and the routine way of deciding whether the State should prefer an appeal against a judgment adverse to it. The bench comprising Justice R. Banumathi, Justice AS Bopanna and Justice Hrishikesh Roy said: Regard should be had in similar such circumstances to the impersonal nature of the  Government's functioning where individual officers may fail to act responsibly. This, in turn, would result in injustice to the institutional interest of the State. If the appeal filed by State are lost for individual default, those who are at fault, will not usually be individually affected.

The claim on account of impersonal machinery and the inherited bureaucratic methodology of making several notes cannot be accepted in view of the modern technologies being used and available. The law of limitation undoubtedly binds everybody including the Government. In our view, it is the right time to inform all the government bodies, their agencies and instrumentalities that unless they have reasonable and acceptable explanation for the delay and there was bonafide effort, there is no need to accept the usual explanation that the file was kept pending for several months/years due to considerable degree of procedural red-tape in the process. The government departments are under a special obligation to ensure that they perform their duties with diligence and commitment. Condonation of delay is an exception and should not be used as an anticipated benefit for government departments. The law shelters everyone under the same light and should not be swirled for the benefit of a few. Read more legal Judgments in India...

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