Nonchalant Attitude Of Litigants Contribute To Delay In Courts: Allahabad HC
The Allahabad High Court observed that there is a cultural rife amongst the litigants to be nonchalant about the process of the Court which contributes to the delayed process of the Court.
The matter in the present case was taken up on a mention made that on the second day of December 2023, the District Inspector of Schools, Ballia was ordered to file a counter affidavit, which he had not done to date.
The bench of Justice JJ Munir observed, “There is a culture rife amongst the litigants who are officials of the State to be nonchalant about the process of Court.”
In the present case, writ of certiorari was sought for quashing of an order of the District inspector of Schools, Ballia approving the suspension of the Writ Petitioner, Uma Shankar Singh.
The Court stated that there is a wholesome blame placed on the judicial system for delays. However, according to the Court, the litigants are 75% of the contributors who seek adjournments or otherwise fail to fulfil their part in the process.
The Court stated that the State litigants are, particularly, negligent like the District Inspector of Schools here, because they harbour an impression that whatever happens to the case would not prejudice them personally. “They are often heard to say that whatever happens how does it affect them.” the Court stated.
The Court noted that the attitude of litigants in general and official litigants, in particular, goes a long way to contribute to the delay in Courts.
“the slightest of enforcement of the process of Court made makes these officials litigants rattle and object to the orders of the Court by invoking appellate mechanisms not against our orders but against processes directed to ensure that the case ripens for hearing and the proceedings stay on schedule,” Court stated.
The Court gave an opportunity to the District Inspector of Schools, Ballia to file his counter affidavit in compliance with the order without fail. However, the Court stated that in case if he does not, he will appear in person before this Court and show cause why appropriate orders be not made against him.
The Court directed the order be communicated to the District Inspector of Schools, Ballia same day.
Cause Title: Uma Shankar Singh v. State of U.P.
Appearance:
Appellant: Adv. Prabhakar Awasthi, Adv. Sanjay Kumar Yadav
Respondent: C.S.C. Gopal Ji Rai
