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Synopsis

The Allahabad High Court recently noted that while the judicial system often bears the brunt of blame for delays, it is the litigants who frequently request adjournments or fail to fulfill their part in the process, therefore, they share 75% of the responsibility. 

The bench of Justice JJ Munir emphasised that the State litigants are, particularly, negligent in such matters. "...because they harbour an impression that whatever happens to the case would not prejudice them personally," court said. 

It pointed out that there is a culture rife amongst the litigants who are officials of the State to be non-chalant about the process of court. "They are often heard to say that whatever happens how does it affect them," court noted. 

Moreover, court highlighted that whenever the court tries the slightest enforcement of the process, the official litigants rattle and object to the orders of the court by invoking appellate mechanisms. 

The observations were made in a writ petition filed seeking direction to quash an order of the District Inspector of Schools, Ballia approving the suspension of the writ petitioner.

In December, 2023, the government advocate sought adjournment thrice on the ground that he needed more time to seek instructions from the official respondents in the matter. 

Thereafter, in early January this year, the respondents' counsel again sought two weeks' time to file counter affidavit, which the District Inspector of Schools, Ballia failed to file till April 9, 2024.

On that date, court asked him to file his counter affidavit in compliance with court's earlier order on or before April 15. The court sought his presence, in case he failed to adhere to the court's order. 

On April 15, the matter could not be taken up due to paucity of time and it was adjourned to April 25, 2024.

Case Title: Dr. Uma Shankar Singh v. State Of U.P. And 3 Others