SC Condemns High Courts' Practice To Summon Public Officers Unnecessarily

Background

• The name of the case is State of Uttar Pradesh v. Dr. Manoj Kumar Sharma.
• A writ petition was filed before the Allahabad High Court against an order of transfer.
• An appeal was also filed against the Allahabad High Court.
• The case of summoning a Health Secretary was also discussed in the instant case.

Court’s Observation

• The Court observed that the line of power between the Judiciary and Executive is crossed when there is pressure to pass orders on the whims of the Court.
• The actions of the public officers are for the benefit of the public and for the proper governance.
• It is important for the judges to know their limits or it would upset the balance.
• The High Courts have made summoning public officials at the drop of a hat a regular practice and that is not acceptable.

Court’s Decree

• The Supreme Court stated that summoning officers frequently is condemned strongly.
• It would go against public interest as that would amount to delay in the tasks allotted to them.
• The Supreme Court also remarked that judges should not behave like emperors.
• The decision was given by the Bench consisting of Justice S K Kaul and Justice Hemant Gupta.

Do you agree with the opinions of the Hon’ble Supreme Court? If not, what is your opinion on summoning of the public officials? Tell us in the comments below!