The Superintending Engineer(Highways) (C And M) v. N V Babu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 06-03-2025

CORAM

THE HONOURABLE MR JUSTICE S. M. SUBRAMANIAM AND THE HONOURABLE MR.JUSTICE K.RAJASEKAR in W.A.SR.No.13731 of 2025

1. The Superintending Engineer (Highways) (C&M) Chennai Circle, Chennai.

2. The Divisional Engineer (Highways) (C and M) Highways Department, Tiruvannamalai.

Appellant(s) Vs N.V.Babu, S/o.Sri Venkatapathy, Highways and PWD Contractor, Navalapakkam Village and Post, Via. Peranamallur, Cheyyur Taluk, Tiruvannamalai District - 604 503.

Respondent(s) 1/4

PRAYER To condone the delay of 1772 days in preferring the above WA.SR.13731/2025. For Appellant(s):

Mr.J.Ravindran Additional Advocate General assisted by Mr.E.Veda Bagat Singh Special Government Pleader For Respondent(s):

M/s. M.Venkatakrishnan

ORDER

(Order of the Court was made by S.M.Subramaniam J.) Mr.J.Ravindran, the learned Additional Advocate General appearing on behalf of the appellants would submit that in respect of delay disciplinary actions are proposed to be initiated against the Officials, who are all responsible for not taking immediate action to prefer the present writ appeal. 2.

It is for the Authorities to initiate all suitable actions to ensure that the Officials, who have committed dereliction of duty, lapses and negligence are prosecuted in accordance with Service Rules in force. Though the reasons stated by the petitioner to condone the long delay are not fully convincing, this Court has considered the other relative merits and public money has been involved, 2/4

since the issues are relating to contract. On some occasions, the Courts are expected to be lenient, if the subject matter is relatable to public interest and public money is involved. Merely, because some Government Officials have committed any negligence, lapse, dereliction of duty, the said negligence should not result in financial loss to the State Exchequer. 3.

In the present case, the learned Additional Advocate General would submit that disciplinary actions are proposed to be initiated against the Officials. 4.

That being so, the matter is to be heard on merits. Accordingly, the delay stands condoned. However, it is made clear that the delay condoned in the present case need not be followed as a precedent. Accordingly, the Civil Miscellaneous Petition stands ordered. (S.M.SUBRAMANIAM J.) (K.RAJASEKAR J.) 06-03-2025 veda Note: Registry is directed to number the writ appeal, if it is otherwise in order. 3/4

S.M.SUBRAMANIAM J.

AND K.RAJASEKAR J.

veda To 1.N V Babu S/O.Sri Venkatapathy, Highways and Pwd Contractor, Navalapakkam Village and Post, Via. Peranamallur, Cheyyur Taluk, Tiruvannamalai District 604 503 06-03-2025 4/4