New Delhi: Explain the practice of higher court summoned government officials for their personal appearance “with a decrease in hats”, the Supreme Court has said judges must use their strength in the limits of courtesy and humility and should not behave like the emperor.
Judge Sanjay Kishan Kiss Kuli and Hemant Gupta said such practice must be “condemned in the strongest word” because it also violates the principle of the separation of power and executives.
Sugging judges not to use such practice, the bench said respect for the court must be ordered and not demanded and the same thing was not increased by calling public officers.
“Executive public officials also carry out their duties as members of the third body of governance.
Actions or decisions by officers do not benefit them, but as public fund guards and for administrative interests, some decisions will definitely be taken.
It is always open to the High Court to put aside the decision Does not fulfill the judicial examination exam but calls officers are often not valued at all.
The same thing must be condemned in the strongest words, “Bench said.
The APEX court records that “a practice has developed in a particular high court to refer to the clerk on a drop of caps and put pressure directly or indirectly.
The strength of the power separation between the justice and executive is sought to be crossed by calling officers and in a way that presses them to pass the order In accordance with the wishes and court fantasies “.
Referring to his previous verdict where the court has suggested a judge to be humble when running the power given under the constitution, Bench said, “They must have simplicity and humility, and do not behave like the Emperor.
The legislature, executive and justice all have surgery The extensive.
Inappropriate for one of these three state organs to violate the domain of others, if not, the subtle balance in the constitution will be angry, and there will be a reaction.
“The court delivered the order when teaching service disputes between a medical officer and the government Top by overriding the HC’s command directed the state to provide a re-wage of 50% to the doctor for a period of 13 years of legal disputes where he did not do it.
let go of their duties as a government doctor and do personal practice.
The court noted that HC, heard this case, had called many public officials to appear.
“We feel it’s time to reaffirm that public officers should not be called to unnecessary courts.”