Summoning Officers Discharging Public Duties Unwarranted: Supreme Court

The Supreme Court has set aside an order of the Allahabad High Court summoning Chairman and Regional Manager of a bank saying summoning of the officers discharging public duties is unwarranted.

The top court was hearing an appeal filed by Prathama UP Gramin Bank and others challenging an order passed by the High Court through which it summoned the Chairman of the bank to apprise him of how the officers of the Bank are working.

The high court, which was dealing with a termination order of an employee, had also directed the Regional Manager of the Bank to appear in person and to file an affidavit stating the number of persons working in the Bank as Daily Wager.

A bench of Justices Hemant Gupta and V Ramasubramanian expressed displeasure over the summoning of officers and said the court has already commented adversely against the practice of the officers being summoned to the court.

"We find that there is no reason for the High Court to summon the Chairman and Regional Manager of the Bank. If the High Court was so sure that the order of termination is contrary to law, the High Court would be well within its jurisdiction to pass such an order but summoning of the officers, discharging public duties, is clearly unwarranted," the bench said.

The court in its October 8 order set aside the high court direction to summon the officers of the bank and asked the bank to file an affidavit within four weeks in the matter.

"It shall be open to the High Court to decide the writ petition in accordance with the law," the bench said.

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