The summoning of officers to the Court to attend proceedings impinges upon the functioning of the officers. - Supreme Court
16
May
2019
Recently, Hon'ble Supreme Court observed in the case of Shri N.K. Janu & Ors. V/s Lakshmi Chandra [i] that it is not summoning of officers to the Court for attending the proceedings defeats the very purpose of administration of justice in view of the separation of powers of the Executive and the Judiciary and also an improper practice.
Respondent initially filed Civil Misc.Writ Petition No. 36896/1992 which was disposed by the Allhabad High Court.Later on again a Civil Misc. Writ Petition No. 43443/2004 was filed by respondent which was also disposed. In terms of such order, the Divisional Director, Social Forestry Division Agra passed an order disqualifying respondent and declaring as not eligible for regularization/equal pay.
The respondent than filed a Contempt Application (C) No. 1632/2009 wherein High Court passed several orders seeking personal presence of the Officers.
Therefore, in the present appeal the Supreme Court observed that by such orders of summoning the officers to the Court for attending the proceedings will affect public at large who ultimately suffers on account of non attending or absence of officers from their duties.
The Supreme Court said that :
"The summoning of officers to the Court to attend proceedings impinges upon the functioning of the officers and eventually it is the public at large who suffer on account of their absence from the duties assigned to them. The practice of summoning officers to Court is not proper and does not serve the purpose of administration of justice in view of the separation of powers of the Executive and the Judiciary. If an order is not legal, the Courts have ample jurisdiction to set aside such order and to issue such directions as may be warranted in the facts of the case."
[i]2019 SCC OnLine SC 518.