Monday, April 04, 2016

FRIVOLOUS LITIGATION BY GOVTs AND PSUs

PSUs [ specially banks and insurance companies] and Central/State Govt. departments try to harass and tire out common citizens, with huge money power and expertise at public cost at their disposal, by resorting to repeated appeals up to divisional bench of apex court, without any accountability of officers to public.

I humbly  quote following judgements of Hon’ble Supreme Court of India,  against such  frivolous litigation: 
            
 A] Judgement dated 04-09-2012 of in Civil Appeal No. 6261 OF 2012--   Gurgaon       Gramin Bank Versus Smt. Khazani

   B] Judgment dated 13-01-2014 in SLP (C) No. 39434 of 2013- Haryana Dairy   Dev Coop Federation Ltd v/s Jagdish Lal.

C] Judgement dated 26-07-2010 in civil appeal No. 5646 of 2010 -Union of       India Vs Pritilata Nanda

D] Judgement dated 01-07-2015 in civil appeal No. 1123 of 2015 - State of   Rajasthan and Ors.V/s MahendraNath Sharma


 E] Judgement dated 22-09-2014 in civil appeal No. 9043 of 2014 -- Vijay    Shankar Pandey V/sUnion of India & Another

There is dire need to have a National Litigation Policy against such wasteful and anti-citizen actions of govt departments and undertakings. Such litigation choke judicial system by over burdening and there are chances of corruption by public servants while assigning work to advocates for such legal battle against common citizen in a democratic country. Usually it is ego-massaging of govt officers or politicians and show of power against helpless citizen.

I have been repeatedly chasing Ministry of Law and Justice for a National Litigation Policy in India. Attempts were made in 2010 by UPA Govt but did not materialise. Hopefully pro-citizen NDA/BJP Govt at Center will take positive steps at the earliest. 

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