October 27, 2009 3:26:37 am
Chief Justice of India K G Balakrishnan on Monday refused to entertain a trivial appeal filed by Madhya Pradesh government pertaining to a chowkidar (guard). Hearing a matter listed before his Bench,Balakrishnan told the counsel for the state B S Banthia,It is high time we should discourage such type of litigation.
If a large number of employees is involved,we may still consider it. But in case of an individual employee,we must not do so. The docket is already exploding and the judges are already under tremendous pressure, the Chief Justice of India observed,speaking on behalf of judges who face mammoth number of cases every day.
We will not encourage this type of litigation. It is a human rights violation too, Balakrishnan remarked as he expressed disappointment at the wastage of resources by states.
The CJIs stance stems from the governments proposal to introduce a litigation policy,as was announced by Union Law Minister M Veerappa Moily during the just concluded two-day national consultation for strengthening the judiciary towards reducing delays. Moily said the government would be transformed from a compulsive litigant into a responsible and reluctant litigant,by weeding out useless cases.
In the case at hand,the MP government,not willing to regularise the services of a chowkidar,Bhagwati Lal Sharma,first went to the High Court and later appealed before the apex court. Sharma was working with the state for almost two decades. The states appeal in the apex court was dismissed on Monday.
The CJI,who was sitting with Justice P Sathasivam,said,Hes a simple and an ordinary chowkidar and fighting against his case,you have come up to this level (of SC).
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