Supreme Court: Summoning of Officers who discharge Public Duties is Unwarranted

Alka Verma-

Published On: October 20, 2021 at 11:50 IST

Quashing an order of the Allahabad High Court, Supreme Court stated that summoning of officers who discharge Public duties is Unwarranted.

The Supreme Court also dispraised the order of High Court which summoned the Chairman and the Regional Manager of a Bank.

A Bench of Justice Hemant Gupta and Justice V Ramasubramanian showed its annoyance over the continuous and unjustified Summoning.

The Court also dispraised the Practice of the officers unnecessarily Summoned to the Court and emphasized on its adverse effect.

The Court made the observations while hearing a Plea filed by Prathama UP Gramin Bank and few others.

The Plea filed by the Bank and others challenged the High Court’s Order which summoned the Chairman of the Bank.

When the High Court was dealing with a Termination Order of a worker, the Regional Manager of the Bank was also asked to appear physically before the Court.

The High Court asked the Regional Manager to file an Affidavit mentioning the count of the Daily Wage Workers in the Bank.

Showing its displeasure to this unjustified summoning, the Top Court stated, “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 that 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.”

The Top Court also quashed all the directions of High Court and ordered the Bank to file an Affidavit within four weeks regarding the same Matter.

“It shall be open to the High Court to decide the writ petition in accordance with the law,” stated the Apex Court

Click here to read/download the Order

Also Read: Difference between Summons and Warrant

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