India's Supreme Court on Tuesday dismissed an appeal by the Centre and imposed a ₹25,000 penalty. The appeal challenged a Punjab and Haryana High Court order reinstating a CISF constable. Justice BV Nagarathna rebuked the government as the biggest contributor to judicial backlog.
A Supreme Court bench of Justices BV Nagarathna and Ujjal Bhuyan dismissed the Union of India's special leave petition. The case involved the dismissal of a CISF constable over 11 days of unauthorised absence and alleged misconduct. The Punjab and Haryana High Court, in concurrent rulings by a single judge and division bench, found the dismissal disproportionate and ordered reinstatement.
During the hearing, Justice Nagarathna remarked, “Pendency, pendency; who is the biggest litigant?” She highlighted that the government expresses concern over judicial backlog while being its largest generator. The bench questioned filing the appeal despite the high court's consistent findings.
The charges against the constable included facilitating the elopement of a fellow constable's daughter, who later married his brother. The court noted the absence occurred during sanctioned medical leave and the woman had no grievances. The Union argued against back wages citing delays, but the bench declined to interfere.
These observations echoed Justice Nagarathna's recent comments at the Supreme Court Bar Association conference, where she described the government as the primary source of litigation.
