‘Justice delayed… is dignity diminished': Karnataka HC slaps Rs 2 lakh fine on Govt officials over delaying para-swimmer's cash reward
In the order, Justice M Nagaprasanna also directed the department's officers to bear the sum of Rs 2 lakh in litigation expenses personally.
The petitioner, Vishwas K S, is a swimmer with multiple medals at the international level who had lost his arms at a young age in an accident.
Based on a 2013 Karnataka Government notification granting cash awards to international para-swimmer medalists, he had approached the Department of Youth Empowerment and Sports in March 2018 for a cash award of Rs 6 lakh. After failing to receive the full amount despite multiple representations, he approached the High Court.
His counsel argued Vishwas had been subjected to inhumane treatment as he was not given his dues as a disabled person, and was entitled to equal treatment. The opposing counsel said he was paid Rs 4.6 lakh, which was the actual amount due, and pointed out that the association he represented had been disqualified from April 2015 to June 2016.
The bench observed that although a different notification governing such awards was issued in 2017, the swimmer's events took place during the pendency of the 2013 government notification. Under this, he would be eligible for Rs 4 lakh for two international silver medals, and another Rs 2 lakh for international bronze medals in various events.
'The association's suspension or its subsequent revocation cannot deprive a deserving athlete of his rightful reward… It is the said sportsperson's effort during the sporting event that they would win a medal for the nation or the state, as the case would be, which would entitle them to get such cash rewards….focus must not be on bureaucratic technicalities, but on the living human spirit that triumphed against colossal odds,' the bench said.
'…for having driven a disabled person to bear the brunt of litigation, the officers of the State must be mulcted with payment of exemplary costs. The costs are to be imposed as a caution or to serve as a reminder to the officers of the State that justice delayed, especially to those who overcome the gravest of odds like the petitioner, is not only justice denied, but dignity diminished,' the bench added.
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