The state of Madhya Pradesh tries to do the same thing again and again, and the action appears to be impudent! The Supreme Court noticed when denying an appeal for special leave submitted by the State, a delay of 588 days.
Justice Sanjay Kishan Kaul, who headed the bench, asked the Chief Secretary of State of Madhya Pradesh to look into the issue of the up-gradation of the Legal Department. It seems that the Department is not in a position to present an appeal within a fair timeline even less than a limitation period, the court said.
The court thus found that the Law Department took some 17 months to determine whether or not the SLP had to be filed. It said “What greater certificate of incompetence would there be for the legal Department! We consider it appropriate to direct the Chief Secretary of the State of Madhya Pradesh to look into the aspect of revamping the legal Department as it appears that the Department is unable to file appeals within any reasonable period of time much less within limitation. These kinds of excuses, as already recorded in the aforesaid order, are no more admissible in view of the judgment in Office of the Chief Post Master General & Ors. v. Living Media India Ltd. & Anr. – (2012) 3 SCC 563.”
The court charged a sum of Rs. 35,000 on the State and also warned the deputy Advocate General that the costs will continue to increase for any successive cases of this nature. The sum to be collected from the officer(s) accountable for the delay in filing and sitting on the file and the recovery certificate of the said sum will also be filed with the Court within that period, the Court added.