Can’t Summon Appearance Of Officials At the Drop Of A Hat: Supreme Court Stays Patna HC’s Order Issuing Bailable Warrant To Additional Chief Secretary
The Supreme Court in a Special Leave Petition (SLP) challenging an order of the Patna High Court which had issued bailable warrant(s) to the Additional Chief Secretary, Educational Department, Government of Bihar, has stayed the impugned order. The Court was of the opinion that although the presence could be secured, however passing such orders at the drop of a hat, rather than upholding the majesty of the Court, undermines it. The bench further issued notice returnable in six weeks.
A bench of Justice B.R. Gavai and Justice J.B. Pardiwala while holding that the authorities of the State are bound to comply with the directions issued by the High Court and may even secure presence of the officers wherein there is a patent disregard and disobedience to the directions issued by the Court. However, denunciated such a practice and warned that it 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”.
Senior Advocate Atmaram Ns Nadkarni appeared for the petitioner.
Nadkarni submitted before the Court that in spite of a detailed affidavit of compliance being placed, the Division Bench had passed the order. He further placed on record the orders passed by the Bench consisting of one of the learned Judges in 143 matters wherein the Senior Officers of the State Government have been directed to personally appear.
In the pertinent contempt matter the subject matter related to assigning of a particular higher pay scale and consequential benefits from the date of petitioner’s junior.
A bench of Justice P. B. Bajanthri and Justice Jitendra Kumar through an order dated July 6 , 2023 directed the officer to be present in the Court to apprise the Court of the details in the personal affidavit.
The bench noted, “Personal affidavit does not reveal on what date arrears of amount has been calculated and disbursed in favour of the petitioner, therefore, Additional Chief Secretary, Education Department, Government of Bihar Mr. K.K. Pathak is hereby directed to appear in person and apprise this Court both on the count of delay of nearly seven years in implementation and further non-calculation of dues of pay and payment of arrears”
Pursuant to which the Additional Chief Secretary through a telephonic conversation with his counsel informed the Court that the orders have been complied with, therefore recalling application be should entertained and the order be recalled and contempt proceeding be dropped.
However, the Court in its order dated July 13, 2023 observed, “It is to be noted that when personal appearance is ordered, it was bounden duty of the concerned officer to appear in person. If he has got any difficulty in appearing, in that event an advance application is required to be filed for exemption from his personal appearance. Such application is not forthcoming as on today. Therefore, his personal appearance is warranted”.
Subsequently, the bench issued bailable warrant against the officer with a bail amount of Rs. 25,000/- which had to be executed by Director General of Police, Bihar.
Cause Title: State of Bihar & Ors. v. Ghanshyam Prasad Singh
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