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Supreme Court Again Deprecates Practice Of Summoning Public Officers Unnecessarily To Court

LIVELAW NEWS NETWORK
19 Oct 2021 2:38 PM GMT
Supreme Court Again Deprecates Practice Of Summoning Public Officers Unnecessarily To Court
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The Supreme Court has again deprecated the practice of summoning public officers unnecessarily to the court.In this case, the Allahabad High Court had summoned the Chairman of the Gramin Bank while considering a writ petition filed by a workman challenging his termination. The Court also directed the Regional Manager of the Bank to appear in person and to file affidavit stating the number...

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The Supreme Court has again deprecated the practice of summoning public officers unnecessarily to the court.

In this case, the Allahabad High Court had summoned the Chairman of the Gramin Bank while considering a writ petition filed by a workman challenging his termination. The Court also directed the Regional Manager of the Bank to appear in person and to file affidavit stating the number of staffs working in the Bank as Daily Wager. The Bank challenged these orders before the Apex Court.

"We find that there is no reason for the High Court to summon the Chairman and Regional Manager of the Bank. If the High Court was so sure of the order of termination is contrary to law, the High Court would be well within its jurisdiction to pass such an order but summoning of the officers, discharging public duties, is clearly unwarranted. ", the bench comprising Justices Hemant Gupta and V. Ramasubramanian said.

The court noted that in a recent judgment titled State of Uttar Pradesh vs Manoj Kumar Sharma' LL 2021 SC 289, it had already commented adversely against the practice of the Officers being summoned to the Court.

The court, therefore set aside the direction to summon the officers of the Bank. However, the Bank shall file affidavit as directed within four weeks from today, the bench said.

In its judgment delivered in July 2021, the Court had observed that public officers should not be called to court unnecessarily. Summoning of officers frequently is not appreciable at all and is liable to be condemned in the strongest words, the bench comprising Justices Sanjay Kishan Kaul and Hemant Gupta had said. The court had observed thus: "Thus, we feel, it is time to reiterate that public officers should not be called to court unnecessarily. The dignity and majesty of the Court is not enhanced when an officer is called to court. Respect to the court has to be commanded and not demanded and the same is not enhanced by calling public officers. The presence of public officer comes at the cost of other official engagement demanding their attention. Sometimes, the officers even have to travel long distance. Therefore, summoning of the officer is against the public interest as many important tasks entrusted to him gets delayed, creating extra burden on the officer or delaying the decisions awaiting his opinion. The Court proceedings also take time, as there is no mechanism of fixed time hearing in Courts as of now. The Courts have the power of pen which is more effective than the presence of an officer in Court. If any particular issue arises for consideration before the Court and the Advocate representing the State is not able to answer, it is advised to write such doubt in the order and give time to the State or its officers to respond."


Case name and Citation: Prathama U.P Gramin Bank vs Suneel Kumar LL 2021 SC 575

Case no. and Date: CA 6316 OF 2021 | 8 October 2021

Coram: Justices Hemant Gupta and V. Ramasubramanian


Click here to Read/Download Order



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