CHENNAI: Slamming bureaucratic delays in filing replies in cases pending in courts, the first bench of the Madras high court has imposed Rs 25,000 cost on the Tamil Nadu government, and directed it to recover the sum from the salary of the officer responsible for filing counter-affidavit in a PIL.
The bench of Chief Justice Sanjay Kishan Kaul and Justice M M Sundresh, hearing a PIL filed by advocate V Vasanthakumar on implementation of Supreme Court orders pertaining to judicial reforms, pointed out that despite four adjournments since November 2014, the government has not filed its counter-affidavit. On December 11, 2014, the court imposed Rs 10,000 as cost and adjourned the matter to February 26, 2015. Still, neither the cost was paid nor counter-affidavit filed.
On Wednesday, taking serious note of the delay, the judges said: "The counter-affidavit should be filed by the state government within four weeks, subject to a cost of Rs 25,000. The cost be recovered from the delinquent officer responsible for not filing the counter-affidavit, and certificate of recovery be filed, failing which the secretary shall remain present in court."
The judges also rapped the state government for keeping the law secretary's post vacant, and making do with an additional secretary. They then directed the additional law secretary to be personally present in court on June 25. As for a counter-affidavit by the Centre, the judges gave four weeks for it to file the reply otherwise additional secretary in the Union law ministry should be present in court with relevant records. The judges also rued that pleadings were not filed in time by authorities.
The bench of Chief Justice Sanjay Kishan Kaul and Justice M M Sundresh, hearing a PIL filed by advocate V Vasanthakumar on implementation of Supreme Court orders pertaining to judicial reforms, pointed out that despite four adjournments since November 2014, the government has not filed its counter-affidavit. On December 11, 2014, the court imposed Rs 10,000 as cost and adjourned the matter to February 26, 2015. Still, neither the cost was paid nor counter-affidavit filed.
On Wednesday, taking serious note of the delay, the judges said: "The counter-affidavit should be filed by the state government within four weeks, subject to a cost of Rs 25,000. The cost be recovered from the delinquent officer responsible for not filing the counter-affidavit, and certificate of recovery be filed, failing which the secretary shall remain present in court."
The judges also rapped the state government for keeping the law secretary's post vacant, and making do with an additional secretary. They then directed the additional law secretary to be personally present in court on June 25. As for a counter-affidavit by the Centre, the judges gave four weeks for it to file the reply otherwise additional secretary in the Union law ministry should be present in court with relevant records. The judges also rued that pleadings were not filed in time by authorities.
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