BSNL Faces Financial Penalty of 100,000 Rupees for Submitting Frivolous Legal Appeal by the Supreme Court
Supreme Court Dismisses BSNL's Petition, Imposes Exemplary Costs in Compassionate Appointment Case
The Supreme Court of India has dismissed a special leave petition (SLP) filed by Bharat Sanchar Nigam Ltd. (BSNL) in a compassionate appointment case, calling the petition "totally frivolous" and "shocking" that it was filed before the apex court. The Court imposed exemplary costs of Rs 1 lakh on BSNL, directing the amount be paid directly to the respondent, Pavan Thakur, within two weeks.
The case background involves Pavan Thakur, whose father, a BSNL peon, passed away in 2000. His mother was given compassionate appointment in 2009 but later passed away. Thakur applied for compassionate appointment in 2010 but was initially rejected by BSNL’s Circle High Power Committee. In 2018, the Central Administrative Tribunal (CAT) set aside BSNL’s rejection and ordered his appointment. BSNL appealed to the Madhya Pradesh High Court, which dismissed BSNL’s appeal, noting that Thakur, living in a temporary hut ("jhuggi"), was entitled to residence points making him eligible for appointment.
Despite clear adverse rulings against BSNL, the company filed an SLP challenging the High Court order. The Supreme Court, led by Justices Ahsanuddin Amanullah and S.V.N. Bhatti, found the case to be totally frivolous in nature and expressed shock at the petition being filed before the apex court. The Court also stated that awarding even one point under the residence head would make the respondent eligible.
In addition to dismissing the SLP, the Supreme Court also imposed exemplary costs of Rs 1 lakh on BSNL. The Court's order directs BSNL to pay the amount directly to Thakur within two weeks. The apex court also allowed BSNL to recover this cost from the officer(s) on whose advice the petition was filed before the Supreme Court.
The Supreme Court's order also states that the matter would be placed before the court for appropriate orders if BSNL fails to comply with the payment order. This dismissal and fine reflect the Court's firm stance against government bodies like BSNL challenging lawful compassionate appointments of legal heirs, especially when lower judicial bodies have clearly ruled in favor of the applicant. The exemplary costs impose accountability on officers promoting such frivolous litigation.
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- The Supreme Court's decision to impose an exemplary cost of Rs 1 lakh on BSNL for filing a frivolous special leave petition (SLP) in the compassionate appointment case indicates a firm stance against baseless business maneuvers in finance-related legal matters.
- The financial consequences of the Supreme Court's action, including the payment of Rs 1 lakh to Pavan Thakur and potential recovery costs from the officers involved, serve as a deterrent to further frivolous litigation by government bodies like BSNL concerning compassionate appointments.
