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            Punish 
            officials who sit on files of legal matters: Apex court 
            
            
            
            Tuesday, October 05, 2010 10:02:05 PM, 
            IANS 
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              New Delhi: 
              The Supreme Court has said that it was high time that the 
              "malpractice" and the "racket" of officials sleeping over the 
              files of cases that have gone against the State comes to an end 
              and such officials are punished. 
               
              "We feel that the beneficiary (the non-state actor) of a judgment 
              may be hand in glove with the officials in the government 
              department who deal with the files, and the files are suppressed 
              for a long period," said an apex court bench of Justice Markandey 
              Katju and Justice T.S. Thakur in an order. 
               
              The court said that a delay in filing appeals in the high courts 
              or the Supreme Court becomes a technical ground for the dismissal 
              of the petition by the State. 
               
              "Huge amount of public money or public property may be involved 
              and the government will be the loser in such cases on technical 
              point of limitation (time limit for filing an appeal)," the court 
              said in its order delivered Friday. 
               
              "This racket has been going on for a long time not only before the 
              Supreme Court but also before high courts," the court said. 
               
              "Now the time has come that this racket should come to an end and 
              the officials responsible for this be given severe punishment," 
              the court said. 
               
              The court said: "It is high time that this mal-practice be 
              severely rooted out and an effectual mechanism be adopted all over 
              the country so that such delays do not occur in future." 
               
              While asking Solicitor General Gopal Subramaniam to assist the 
              court as amicus curiae, the court directed the issuance of notice 
              to chief secretaries of all states and union territories. 
               
              In the instant case, the Jharkhand government took 501 days in 
              filing appeal before the state high court in a case. Thereafter, 
              the government took more than a year's time in filing the appeal 
              in the apex court challenging the impugned verdict of the high 
              court. 
               
              The court has asked the state's chief secretary to file an 
              affidavit explaining what action has been taken against the 
              officials responsible for the delay. 
               
              The court said in case no action has been taken then the chief 
              secretary should explain the reason for it.    
                
                
                
                
                
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