SC refuses to condone delay in filing appeal by Centre, says court not walk-in place

New Delhi: The Supreme Court on Monday admonished the Centre for filing an appeal after a delay of 737 days, saying the apex court is not a “walk-in place” they can approach whenever they want.

The top court dismissed the application seeking condonation of delay with a cost of Rs 25,000 which will be recovered from the officers responsible for its belated filing.

When the counsel appearing for the government said there is money at stake in the matter, a bench of Justices S K Kaul and A S Oka shot back, “Are we money collectors for the government?” “Not at all,” the counsel responded.

A displeased bench observed the petitioner seeks to file the civil appeal after a delay of 737 days and expects the court to “condone the same because it happens to be the Government of India”.

At the outset, the counsel representing the government said the issue is about payment of interest post-imposition of penalty.

“You know I have imposed cost in these matters of government coming with delay,” Justice Kaul said, adding, “You want to save the skin of your officers, that is the whole problem.”

When the government’s counsel said an important question of law is there in the matter, the bench said it would consider the same in an appropriate case.

In its order, the apex court noted the explanation given for the delay of 737 days in filing the appeal and said there is no sufficient cause to condone it.

“We have been faced with a number of cases of this kind where the department has a view as if the Supreme Court of India is a walk-in place to approach whenever they feel like,” it said.

The apex court said it has passed several orders in matters where government has filed appeal before it after delay.

“Thus, we must follow the same path as followed earlier and dismiss the application for condonation of delay with a cost of Rs 25,000 to be recovered from the officers responsible for the delay,” it said, ordering the certificate of recovery be filed within two months.

The bench asked a copy of its order to be placed before the secretary concerned to the Government of India.

The court clarified since the appeal has been dismissed on the grounds of limitation, it has not examined the matter on merits.

“We have to be consistent in what we do,” the bench told the government’s counsel, adding, “At least your tax department has started filing appeals in time after 10-15 orders.”