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2011 Supreme(SC) 278

MARKANDEY KATJU, GYAN SUDHA MISRA
R. S. Singh – Appellant
Versus
U. P. Malaria Nirikshak Sangh – Respondent


Advocates appeared:
Niranjana Singh, Adv.
Subramonium Prasad, Niranjana Singh and Subramonium Prasad, Advs.

ORDER

1. Heard learned Counsel for the parties.

2. This appeal has been filed against the impugned interim orders dated 13th November, 2003 and 18th December, 2003 passed by the High Court of Judicature at Allahabad, Bench at Lucknow.

3. We have perused the said orders.

4. A direction has been given in the said orders that the Principal Secretary, Finance along with the Principal Secretary, Medical & Health, U.P. Government shall appear personally before the High Court on the next date for non-compliance of the judgment of the High Court dated 15.11.1989/13.12.1989.

5. This Court has been repeatedly observing that the High Courts ordinarily should not summon the senior officials of the government and that should only be done in very rare and exceptional cases when there are compelling circumstances to do so.

6. In State of Gujarat v. Turabali Gulamhussain Hirani AIR 2008 SC 86, this Court observed:

6. A large number of cases have come up before this Court where we find that learned Judges of various High Courts have been summoning the Chief Secretary, Secretaries to the government (Central and State), Director Generals of Police, Director, CBI or BSF or other senior officials of the gover





















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