Supreme Court - Daily Orders
The State Of Uttar Pradesh vs Mohammad Zafar on 17 September, 2021
Bench: Sanjay Kishan Kaul, M.M. Sundresh
ITEM NO.5 Court 6 (Video Conferencing) SECTION XI
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
SPECIAL LEAVE PETITION (CIVIL) Diary No. 5944/2020
(Arising out of impugned final judgment and order dated 11-08-2014
in WC No. 35667/2013 passed by the High Court Of Judicature at
Allahabad)
THE STATE OF UTTAR PRADESH & ORS. Petitioner(s)
VERSUS
MOHAMMAD ZAFAR Respondent(s)
(IA No.116104/2020-CONDONATION OF DELAY IN FILING
IA No.116106/2020-EXEMPTION FROM FILING C/C OF THE IMPUGNED
JUDGMENT
IA No.116105/2020-EXEMPTION FROM FILING O.T. IA No.116107/2020-PERMISSION TO FILE ADDITIONAL DOCUMENTS/FACTS/ANNEXURES) Date : 17-09-2021 This petition was called on for hearing today. CORAM : HON'BLE MR. JUSTICE SANJAY KISHAN KAUL HON'BLE MR. JUSTICE M.M. SUNDRESH For Petitioner(s) Mr. V. K. Shukla, Sr. Adv.
Mr. Rajeev Kumar Dubey, Adv.
Mr. Saurabh Singh Chauhan, Adv.
Mr. Ashiwan Mishra, Adv.
Mr. Anurag Tiwari, Adv.
Ms. Vaidhruti Mishra, Adv.
Mr. Kamlendra Mishra, AOR For Respondent(s) UPON hearing the counsel the Court made the following O R D E R The petitioner-State does not appear to have learnt a lesson from the previous orders by us and thus even on our Signature Not Verified query it is stated that the special leave petition is being Digitally signed by RASHI GUPTA Date: 2021.09.22 16:13:57 IST Reason: pressed. We are faced with a scenario of delay of 1922 days in filing the special leave petition and this extraordinary delay is sought to be explained as “mainly on account of the procedures involved in the decision making and preparation of the petition for filing before this Hon’ble Court”! The endeavor to give dates to explain the delay would show that the impugned order was passed on 11.8.2014 and an interim order in the contempt application was passed on 17.10.2014 and the permission to file the special leave petition was accorded on 27.6.2019 after five years! Thereafter, also the special leave petition was filed on 13.2.2020.
An endeavor has been made to refer to certain judicial pronouncements which we have already observed in various orders are of vintage when technology was not available to the petitioner. We have emphasized that unless the matter is brought within the judgment in the office of the Chief Post Master General & Ors. v. Living Media India Ltd. & Anr.- (2012) 3 SCC 563, the delay cannot be condoned. Very conveniently, as usual, that judgment has not been referred to.
We have in the various orders passed in State of Madhya Pradesh & Ors. v. Bherulal [SLP (C) Dy.No.9217/2020], Deputy Conservator of Forests Timblo Irmaos Ltd. [SLP (C) Dy. No.19059/2020], State of Odisha & Ors. v. Sunanda Mahakuda [SLP (C) Dy. No.22605/2020] & The State of Uttar Pradesh & Ors. Vs. Shri Ram Jokhan Dhuria & Anr. [SLP (C) D. No.46625/2019] deprecated the endeavor of the State Authorities and States to come to this Court in what we have labeled as “certificate cases” to just complete a formality of filing a special leave petition to avoid the consequences to the officers who have been grossly negligent. As usual, no action is taken against the delinquent officers for their gross incompetency.
We see no reason why we should follow a different course of action as followed in aforementioned matters and thus dismiss this application (IA No.116104/2020) with cost of Rs.25,000/- to be deposited with Supreme Court Group ‘C’ (Non-Clerical) Employees Welfare Association within four weeks from today alongwith a certificate of recovery certifying that the amount has been recovered from the delinquent officers after fixing responsibility on them.
The special leave petition is accordingly dismissed as barred by time.
Pending applications stand disposed of.
(RASHMI DHYANI) (POONAM VAID) COURT MASTER COURT MASTER