Supreme Court directs States to penalise officers responsible for delay in filing appeals

The Supreme Court recently directed all States to streamline their legal machinery to prevent delays in filing appeals before the court [State of Madhya Pradesh v. Ramkumar Choudhary]..A Bench of Justice JB Pardiwala and Justice R Mahadevan noted that in many cases, appeals were being filed after considerable delay due to the failure on the part of State officers to communicate the decisions to the higher authorities on time. In view of the same, the Court asked States to ensure that liability is fastened on its officers responsible for delay and lapses in filing of appeals or cases on behalf of the government."We direct the State to streamline the machinery touching the legal issues, offering legal opinion, filing of cases before the Tribunal / Courts, etc., fix the responsibility on the officer(s) concerned, and penalize the officer(s), who is/are responsible for delay, deviation, lapses, etc., if any, to the value of the loss caused to the Government," the Court said in its November 29 order.The Court said its direction will have to be followed by all the States scrupulously..The Court was hearing an appeal preferred by the State of Madhya Pradesh challenging the decision of the Madhya Pradesh High Court refusing to condone a delay of 1,788 days in filing of second appeal. .The case arose from a decision of the trial court delivered on August 29, 2013, wherein it had determined that the respondent-private person had no title to the subject land and the same belonged to the government. On August 21, 2014, the first appellate court ruled in favor of the respondent and overturned the trial court verdict. However, the decision of the first appellate court was informed to the Collector only on August 25, 2015, who then took three months to notify the principal secretary of the judgment. On October 26, 2018, after almost three years, the Law Department granted permission to file the second appeal, which was then forwarded to the Collector on October 31, 2018. Based on this opinion, the State preferred the second appeal before the High Court on October 18, 2019, which was thereafter dismissed by the High Court citing the delay on the part of the State in filing the appeal..The top court agreed with the approach of the High Court holding that the delay in filing of second appeal was not adequately explained by the State.It noted that due to the lapses on the part of the officials functioning under the State, the second appeal was dismissed by the High Court even though valuable government lands were involved."At the same time, we cannot simply brush aside the delay occurred in preferring the second appeal, due to callous and lackadaisical attitude on the part of the officials functioning in the State machinery. Though the Government adopts systematic approach in handling the legal issues and preferring the petitions/applications/appeals well within the time, due to the fault on the part of the officials in merely communicating the information on time, huge revenue loss will be caused to the Government exchequer. The present case is one such case, wherein, enormous delay of 1788 days occasioned in preferring the second appeal due to the lapses on the part of the officials functioning under the State, though valuable Government lands were involved," the Court observed.Therefore, it proceeded to impose cost of ₹1 lakh on the State of Madhya Pradesh.While dismissing the appeal, the Court proceeded to direct all the States across the country to fix accountability on its officers responsible for causing such delays..Advocate Sarad Kumar Singhania appeared for State of Madhya Pradesh..[Read Order]