SC slams Haryana government for filing frivolous appeal

Last Updated: Friday, August 27, 2010 - 18:53

New Delhi: The Supreme Court on Friday slammed
the Haryana government for filing a "frivolous" appeal in a
case involving financial benefits to a peon, in which it lost
two rounds of legal battle in lower courts, saying "why public
money and time of court is being wasted" through the exercise.

Seeing the apex court`s anger, Haryana`s Additional
Advocate General Manjeet Singh said the state was withdrawing
the SLP and assured it that in future such type of incidents
will not take place.
The Law Secretary of the state government bore the brunt
of the apex court`s anger for filing a Special Leave Petition
against the decision of the Punjab and Haryana High Court
which had passed a verdict in favour of the peon of an aided
institution.

"What is the question of law involved in the petition?" a
Bench comprising Justices G S Singhvi and A K Ganguly said
while dealing with the case which was decided purely on
merits.

"What is the policy of Haryana government in filing SLPs
and writ petitions?" the Bench said while terming as
"frivolous" its petition challenging the High Court decision.

"Why public money is wasted in filing this type of
petition? Why the time of the court is wasted?" the Bench
said.

The Bench was angry that the decision to file the SLP was
taken by the Law Secretary R C Bansal.

"You are a member of the superior judicial service. What
is your duty?" the Bench told the Law Secretary who said the
SLP was filed after eliciting the opinion of the Advocate
General.

"Are you under the Advocate General or independent?"
the Bench shot back and questioned him why he filed the SLP
without looking into the matter.
"What is the role of the Law Secretary?" the Bench said
and reminded him about the National Litigation Policy.

The Bench was pacified by the Additional Advocate General
Manjeet Singh, who said the state was withdrawing the SLP and
assured it that in future such type of incidents will not take
place.

"We will not file such type of matter in future," he
said.

The SLP was filed in connection with a case in which the
state government had decided that the period of service
rendered by the peon in another institution would not be
considered for financial benefits for his joining the second
aided institution.

PTI



First Published: Friday, August 27, 2010 - 18:53

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