Justices Ajay Rastogi and Bela M. Trivedi hearing a service petition today on 30.01.2022 scolded the Central Government officers who caused delay in filling the SLP before it and also directed them to file an affidavit in this regard.

The Court made observations that the officers who are sitting at the helm of the affairs are required to fasten the liability of causing a delay in filing the SLP. The SLPs are filed with a delay so that they are dismissed and an order is placed in the file saying "we cannot do anything, the Supreme court has dismissed the petition."

The Court went to the extent of saying that we would suspend the officer in charge who has caused this delay.

Additional Solicitor General of India Madhvi Dewan appearing with the officer-in-charge of the Union of India.

Justice Bela M. Triveri very angrily observed that Many good cases are not entertained because of delay and You know this kind of racket is going on, even the department also knows this. 

The Court also observed the connivance of the officers since the department was not represented before the Armed Forces Tribunal. Now appeal is filed before the Supreme Court which has a delay of more than 1000 days.

The issue of the petition was with regard to the diseases the army staff having cannot be noticed at the time of joining the service. this is in the realm of mental condition or psychotic condition. 

The ASG argued that the department is taking interest in this kind of case more.

Justice Rastogi said, "Your interest is very much reflecting from your conduct."

The Court passed the order that "Office has pointed out delay of 1101 days in filing the appeal. Apart from that we find that no one appeared before the tribunal on behalf of the Union of India and therefore no reply/ counter affidavit has been filed on their behalf while the OA came to be decided on 12th December 2019. We are not satisfied with the explanation that mentioned in the application for condonation of delay. Before we pass further order let the responsible officer who is at the helm of affairs and controlling the litigation, file a better affidavit explaining the delay caused in filing the present appeal. At the same time, he may also justify as to why the Union of India remained unrepresented before the Tribunal. 

The present proceedings remind us that this court earlier took cogzinance of the fact that the Union of India is filing appeals against the order of the AFT with delay and number of these appeals are dismissed only on the ground of delay."

Case Details:-

Diary No. 41582-2022

UNION OF INDIA AND ORS.
Versus
EK NK PUSHP RAJ NO. 14417925W