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High court asks Punjab and Haryana to list out steps to avoid unwarranted litigation
The Punjab and Haryana high court said that such litigations have clogged the dockets of courts due to casual approach of the state officers while passing orders
: The Punjab and Haryana high court on Wednesday sought details of steps being taken by the two governments to avoid “unwarranted litigation” that has “clogged the dockets of courts” due to casual approach of its officers while passing orders.
The directions were given by the bench of justice Anupinder Singh Grewal during resumed hearing on a plea filed by one Himmat Singh, who had been terminated from service without any notice or opportunity of hearing. The court had summoned chief secretary, Haryana, Sanjeev Kaushal in the case.
“The impugned order has been passed in a casual manner and in violation of the principles of natural justice. The dockets of the courts are clogged and the state is the largest litigant. If the officers of the state take due care and caution while passing orders at least a part of the litigation could be avoided,” the court had observed while summoning Kaushal.
During the hearing on Wednesday, Kaushal, who was present in the court, admitted to the “error” leading to Himmat’s termination of service and regretted for the same, assuring that “such an error would not take place henceforth”.
The court while fixing the matter for further hearing on April 28 directed Kaushal to file an affidavit as to what steps are being taken by the government to prevent unwarranted litigation which often takes place due to the casual attitude of its officers and whether any action is taken against such officers.
“The affidavit shall also place on record the litigation policy of the state,” the court said, further extending scope of the plea and also asked Punjab advocate general to apprise the court of the steps taken by the state to prevent avoidable litigation.
Kaushal was earlier summoned by the high court on March 28 in the case. The petitioner had alleged that Kaushal, as additional chief secretary, cooperation department, Haryana passed an order without issuance of any notice or giving an opportunity of hearing to the affected party, resulting in termination of Himmat’s service.
