The Supreme Court has again deprecated the practice officers unnecessarily to the court.
Recently, the Chairman of Gramin Bank was summoned by the Allahabad High Court while considering a writ petition filed by a workman challenging his termination. The court also directed the Regional Manager of the Bank to appear in person and to file an affidavit stating the number of people working in the Bank as Daily Wager. The Bank challenged these orders before the Apex Court.
According to Justice Hemant Gupta and V. Ramasubramanian said, "We find that there is no reason for the High Court to summon the Chairman and Regional Manager of the Bank. If the High Court was so sure of the order of termination is contrary to law, the High Court would be well within its jurisdiction to pass such an order but summoning of the officers, discharging public duties, is clearly unwarranted."
In the recent judgment titled State of Uttar Pradesh vs. Manoj Kumar Sharma (LL 2021 SC 289), the court reiterated that public officers should not be called to court unnecessarily. The court, therefore, set aside the direction to summon the officers of the Bank. However, the Bank shall file an affidavit as directed within 4 weeks from October 19, 2021.