The State Of Punjab vs. Dharampal Garg
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Order Issued After Hearing
Purpose:
FRESH
Before:
Hon'ble Hon'Ble The Chief Justice, Hon'ble Indu Malhotra
Stage:
FRESH (FOR ADMISSION) - CIVIL CASES
Remarks:
Dismissed on ground of delay
Listed On:
20 Nov 2020
In:
Judge
Category:
UNKNOWN
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Order Text
ITEM NO.24 Court 5 (Video Conferencing) SECTION IV-B
S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS
SPECIAL LEAVE PETITION (CIVIL) Diary No.18662/2020
(Arising out of impugned final judgment and order dated 18-01-2017 in RSA No.6008/2015 passed by the High Court of Punjab & Haryana at Chandigarh)
THE STATE OF PUNJAB & ORS. Petitioner(s)
VERSUS
DHARAMPAL GARG & ORS. Respondent(s)
(With appln.(s) for I.R. and IA No.92889/2020-CONDONATION OF DELAY IN FILING SLP)
Date : 20-11-2020 This petition was called on for hearing today.
CORAM :
HON'BLE DR. JUSTICE D.Y. CHANDRACHUD HON'BLE MS. JUSTICE INDU MALHOTRA
For Petitioner(s)
Mr. Karan Bharihoke, AOR
For Respondent(s)
UPON hearing the counsel the Court made the following O R D E R
1 There is a gross and unexplained delay of 1123 days in filing the Special Leave Petition. Besides this, there was a delay of 517 days in filing the appeal before the High Court.
2 The State is not exempted from the law of limitation and must take all necessary steps to ensure that the proceedings which it initiates accord with the governing provisions with regard to the law of limitation.
- 3 Mr Karan Bharioke, learned counsel appearing on behalf of the State of Punjab states that steps are being taken to obviate delays in instituting proceedings and, as a matter of fact, in the present case, seventeen officers were proceeded against for the delay which occurred. Be that as it may, we would expect the State to take necessary steps to set its house in order to ensure that delays of this kind do not take place thereby affecting the interest of the State in certain cases.
- 4 In the facts of the present case, we see no reason to condone the delay. Even on merits, the findings of the First Appellate Court (Annexure P-3) are well reasoned and have been accepted by the High Court .
- 5 The Special Leave Petition is accordingly dismissed.
(CHETAN KUMAR) (SAROJ KUMARI GAUR) A.R.-cum-P.S. Court Master