Today, On 27th June, The Supreme Court imposed a Rs. 50,000 fine on the state of Odisha for filing 36 appeals after the deadline. The court questioned if there was a practice in the state to consistently file appeals late rather than on time.
New Delhi: The Supreme Court, On Thursday, strongly criticized the State of Odisha for submitting an appeal despite knowing that a similar appeal had been dismissed in 2023.
The State government faced scrutiny from a vacation bench comprising Justices Abhay Oka and Rajesh Bindal, as they reviewed an appeal by the State against a 2022 Orissa High Court ruling. The High Court refused to excuse a delay of over four years in filing a writ petition.
The appeal to the Supreme Court also delayed by 512 days. During today’s proceedings, Justice Bindal quickly pointed out that the High Court‘s decision not to condone the delay seemed justified.
When Advocate Saileshwar Yadav, representing the State, mentioned that a similar appeal had been dismissed by the Supreme Court in 2023, Justice Oka, visibly irritated, questioned,
“Is it not true that the State of Odisha knowingly filed this appeal despite being fully aware that a similar appeal against the High Court’s decision not to condone the delay was dismissed? Why have you submitted a similar appeal?”
Justice Bindal further addressed the lawyer, stating,
“It is the State that is unnecessarily burdening the court. The fault does not lie with you (the advocate) but with those in the government who authorized this appeal.”
The Court ultimately dismissed the appeal filed by the State of Odisha and imposed a fine of Rs.50,000, to be paid to the Odisha State Legal Services Authority.
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In another case heard today, the Odisha government filed an appeal after a delay. During the hearing, Justice Oka questioned ,
“My colleague and I have been sitting for roughly four days now, and we have encountered a total of 36 delayed appeals from the State of Odisha. Is there a policy in the State to file appeals only after a delay?”
The lawyer responded that they needed permission from various departments before filing the appeal.
Despite this, the Court condoned the delay and issued a notice in the matter after determining that a substantial question of law involved.
Read Order: [State of Odisha and Others v. Suryakanta Das and Another]