Delhi High Court: Govt must take actions against officers making False Claims in Court

Delhi High Court

Greeva Garg – 

The Delhi High Court has urged the Delhi Government to take actions against the officers accountable for dereliction of their duties and making false claims before the Court.

While taking up the matter of Hajara & Ors. v. Government of India, the Court observed the false claims/defences raised by the Government since there is no accountability of any officer. 

With the failure of providing justice to the litigant, the Government officers do not suffer any consequences.

A single bench headed by Justice JR Midha, while referring a plea seeking implementation of the National Litigation Policy to the PIL Bench observed that, “This Court is of the prima facie view that whenever a false claim is raised by the Government, it causes immense injustice to the litigant seeking justice, it also puts the necessary burden to the Court and the Government also suffers but the concerned officer who has raised the false claim, does not suffer any action.”

Despite the announcement of the National Litigation Policy by the Government in 2010, it was not found to be implemented till the present.

In one matter involving the death of three people, sleeping at a pavement outside the railway station, the Senior Divisional Operational Manager attempted to avoid FIR followed up by the High Court to eliminate the duty of the government of NCT of Delhi.

The observation made by the Delhi High Court is in development to various cases where Government officers have repudiated their duties without facing any consequence. 

As a matter of grave concern, the Court expressed that, “All these cases shocked the conscience of this Court. It appears that the false claims are raised with impunity because there is no accountability of any government officer for raising the false claims and the Courts seldom take any action against the person concerned for raising false claims/defences.”

The Court listed the matter before PIL Bench, to be taken on July 15.

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