Kochi, Aug 13: Taking a serious view of the over six year long delay by the border security force in filing an appeal before the Kerala High Court, a division bench today directed the BSF Director General to take action against the officers responsible for causing the delay. The bench, comprising Chief Justice J L Gupta and Justice A K Basheer, directed the director general to fix the responsibility for the long delay and recover the amount of loss caused due to the negligence from the persons found guilty.

The direction was issued while dismissing a petition by the BSF to condone the delay of 2288 days in filing the writ appeal against the court's judgment of February 16, 1996 directing BSF to pay pensionary benefits to a constable, D Murlidharan, within two months. The bench said as a litigant, government had no special status. The delay was too long to be 'overlooked'. Ignoring such a long delay will only encourage the government servant to be negligent in the performance of his duties.

There is no explanation for delay and if it is not condemned, the case would set a wrong precedent, the bench observed while dismissing the writ appeal.

Bureau Report