New Delhi: Pouring a higher court practice calling government officials for their personal appearance “on a decrease in a hat”, the Supreme Court said that the judge must use their strength in their limits and humility and humility, and should not behave like the Emperor.
A bench Sanjay Kishan Kuli and Hemant Gupta said that such practice must be “condemned in the strongest word” because it also violates the principle of power separation between the judiciary and executive by summoning officers who are “pushing them ordering as desired and fantasy of the court”.
Advise judges not to use such practice, the bench said respect to 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 the government.
The action or decision by the officer did not benefit them, but as a public fund keeper and for administrative purposes, some decisions were bound to be taken.
It is always open to the High Court to override the decision Which does not meet the judicial review test but the caller of officers is often not large enough at all.
The same thing was condemned in the strongest words, “Bench said.
The APEX court recorded its assessment that “a practice has developed in a particular high court to call officers on a drop of caps and to mobilize direct or indirect pressure.
The power separation line between the judiciary and executive trying to be crossed by the judicial and executive.
Calling officers and by pressing They to pass orders according to the wishes and court fantasies.
“Referring to the previous decision where the court suggested a judge for humble when carrying out the power given under the constitution, the bench said,” They must have simplicity and humility, and do not behave like the Emperor , Executives and justice all have the entire field of their own operations.
It is not right for one of the three state organs to be sparked on other domains, if not, the subtle balance in the constitution will be angry, and there will be a reaction “.
The court issued an order when teaching service disputes between a medical and government officer by overriding the HC’s order directed the country to provide a 50 percent wage to return 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 repeat that public officers should not be called to an unnecessary court.
Dignity and the majesty of the court are not upgraded when an officer is called to court.
Respecting to court must be ordered and not prosecuted and not demanded and not prosecuted and not prosecuted and not prosecuted and not required Not demanded and not prosecuted and not demanded and not prosecuted and equally improved by calling public officers.
The presence of public officers comes with other official involvement costs demanding their attention.
Sometimes, officers even have to travel far.
Therefore, calling officers Contrary to the public interest as much as possible the important tasks entrusted to him are delayed, creating extra burdens to officers or delaying decisions that are waiting for his opinion, “he said.
“Proceedings of the Court also need time, because there is no time-to-day auditory mechanism in court until now.
The court has a more effective power of the pen than the presence of an officer in court.
If there are certain problems to consider before the court and advocate representing the state cannot answer, It is recommended to write doubts in the order and give time to the state or officer to respond, “he said.