Govt officers should not be summoned ‘at drop of a hat’: SC to High Courts

The Supreme Court on Thursday instructed High Courts not to summon government officials ‘at the drop of a hat’ as it ‘wastes precious time’ in which they can ‘discharge their duties towards citizens’. A division bench of Justices BR Gavai and JB Pardiwala stayed a bailable warrant issued by the Patna High Court to the […]

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The Supreme Court on Thursday instructed High Courts not to summon government officials ‘at the drop of a hat’ as it ‘wastes precious time’ in which they can ‘discharge their duties towards citizens’.

A division bench of Justices BR Gavai and JB Pardiwala stayed a bailable warrant issued by the Patna High Court to the Additional Chief Secretary of the Educational Department of Bihar, and said that the practice of spontaneously summoning government officials ‘undermines the majesty of the Court’.

Securing presence of government officials exception, not routine: SC to High Courts

The two-judge bench of the Supreme Court, passing its judgement, observed, “No doubt that the authorities of the State are bound to comply with the directions issued by the High Court. In a matter wherein there is a patent disregard and disobedience to the directions issued by the Court, the Court would be justified in securing the presence of the officers.

“However, such a practice should not be adopted as a routine. The Officers of the State Governments are required to discharge their duties towards the citizens of the country. Their presence in the Court wastes precious time which could be otherwise utilized for rendering service to the citizens. Issuing such directions at the drop of the hat, rather than upholding the majesty of the Court, undermines it.”

The apex court passed the order on an appeal by the Bihar government. Senior advocate ANS Nadkarni and lawyer Rishi K Awasthi, appearing for the State of Bihar, submitted that the order of bailable warrant was passed by the High Court despite a detailed affidavit of compliance being placed on record.

The State also placed on record the orders passed by the Patna High Court, consisting of one of the judges who passed the impugned order, in 143 matters where Senior Officers of the State Government were asked to personally appear before the High Court.