When expressing displeasure at HC, said SC – judges should know their limits, do not behave like rulers


The Supreme Court on Friday said that respect for the court should come automatically, it should not be sought and respect does not increase by summoning officers. The apex court made the observation on Friday while disagreeing with the practice of some high courts immediately summoning officials. The court said that these orders cross the line of division of powers between the judiciary and the executive.

The apex court referred to an earlier judgment on the division of powers, which said that judges should know their limits. They should not behave like rulers but should have a sense of humility and kindness. The remarks with regard to condemnation of the practice of summoning senior officers came in the judgment of a bench of Justices SK Kaul and Hemant Gupta, quashing the decisions of a single bench and a division bench of the Lucknow Bench of the Allahabad High Court in a service matter. was done.

The Allahabad High Court had ordered the Uttar Pradesh government to pay 50 per cent of the previous salary of Dr Manoj Kumar Sharma, who did not attend his workplace in Badaun in the state for 13 years, since he was transferred from a place in Uttarakhand on March 6, 2002. be given. Justice Gupta of the Supreme Court, writing the judgment for the bench, said, “In some high courts, there has been a trend to summon officers immediately and exert direct or indirect pressure.”

The bench said that the executive officers are also performing their duty as a part of the government and the decisions or actions of the officers are not for their own benefit. Rather, it is in the interest of the administration and as a custodian of the government treasury, it is forced to take some decisions. The court said, the High Court is always empowered to set aside such decisions which do not stand judicial review, but it is absolutely not appropriate to summon the officers again and again. It should be condemned in the strongest possible terms.

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