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| SC orders inquiry, action against JMC for delay | | | EARLY TIMES REPORT
SRINAGAR, Jan 17: The Supreme Court on Friday expressed its dismay over delay in filing of a petition by administrator Jammu Municipal Corporation (JMC) and ordered government to hold an inquiry into the aspect as to who is responsible for such inordinate delay and take suitable action against the officers concerned. Dismissing a petition by Administrator, JMC against M/S Swarn Theatre and others, a division bench of Justice Sanjay Kishan Kaul and Justice KM Joseph observed that the special leave petition has been filed after a delay of 387 days with further delay of 302 days in refiling. “This is one more case which we have defined as "Certificate Cases" - the object being only to obtain dismissal from the Supreme Court,” the division bench said. “We have perused the application for condonation of delay also. There are large gaps which are unexplained and there are no instructions with the counsel whether any action was taken against the officers who are responsible for the inordinate delay,” the court said. The highest Court of the land cannot, it said, be a walk in place, more so for State Governments to file any time irrespective of period of limitation prescribed. To blame it on the inefficiency of the administration is no more a good excuse in view of the judgment in the case of Post Master General & Ors vs Living Media India Ltd. & Anr, the top court added.
“We thus dismiss the applications for condonation of delay in filing and refiling and direct the State administration to hold an inquiry into the aspect as to who is responsible for such inordinate delay and take suitable action against the officers concerned,” the court said and Dismissed the special leave petition. “The compliance report be filed within six weeks and the Registrar to ensure that the same is taken on record,” the court added.
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