The Supreme Court in the case observed and has highlighted that courts should practice and restrain while summoning the government officials while hearing the case of contempt.
The bench comprising of Justice V. Ramasubramanian and Justice Pankaj Mithal in the case observed and has repeatedly held that while it is being open to the High court to come to any conclusion on the basis of the pleadings and materials available on record, which is not being open to the Court to summon the appearance of the officials at the drop of the hat.
The appeal made being against the order passed by Allahabad High Court in a writ plea pending wherein it has directed the personal appearance of the Chief Secretary, Institutional Finance, the Uttar Pradesh Government, Civil Secretariat, Lucknow as well as the Inspector General of Registration, at Allahabad, Camp Office, Gomti Nagar, Lucknow. Therefore, the Respondents (who being the petitioners before the High Court) in the case seek regularization of their services.
The High Court took a note in an order dated 05.10.2017, which being pursuant to which a three-member committee was constituted. When the report in the year 2018 was placed before the court, of the three-member committees. The High Court being of the view that the State had violated the 2017 order. It has also been directed by the Judge the personal appearance of the Chief Secretary and the Inspector General of Registration.
Before the court, the contempt plea was already filed complaining of violation of the 2017 order, the same came to be dismissed by another learned Judge and the special leave petition arising out of the said order which was dismissed by the Supreme Court.
Accordingly, the bench set aside the portion of the High Court order wherein the court directed the summoning of government officials while allowing the latter to decide the plea on merits. The court set aside the portion of the impugned order where the Chief Secretary, Institutional Finance and the Inspector General of Registration have been summoned.
