B. R. GAVAI, J. B. PARDIWALA
State of Bihar – Appellant
Versus
Ghanshyam Prasad Singh – Respondent
| Table of Content |
|---|
| 1. compliance with court orders is necessary. (Para 1 , 2 , 3) |
| 2. judiciary's authority should not be misused. (Para 4 , 5 , 6 , 7 , 8) |
| 3. temporary stay on high court's order. (Para 9 , 10 , 11) |
ORDER :
2. Shri A.N.S. Nadkarni, learned senior counsel submits that in spite of a detailed affidavit of compliance being placed, the Division Bench has passed the aforesaid order. He has placed on record the orders passed by the Bench consisting of one of the learned Judges in 143 matters wherein the Senior Officers of the State Government have been directed to personally appear.
4. No doubt that the authorities of the State are bound to comply with the directions issued by the High Court.
6. However, such a practice should not be adopted as a routine. The Officers of the State Governments are required to discharge their duties towards the citizens of the country.
8. Issuing such directions at the drop of the hat, rather than upholding the majesty of the Court, undermines it.
10. We stay the impugned order dated 13.07.2023 passed by the High Court of Judicature at Patna.
The court ruled that the personal presence of Government Officers in contempt proceedings should not be casually mandated, emphasizing their duty to perform official responsibilities.
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