Litigation must go for good governance

In his article Scourge of litigation: Punjab HC ruling should act as a deterrent (Nov 27), V. Eshwar Anand, in the context of Vijay Kumar versus State of Punjab ruling, has aptly remarked that the Centre and the states have been using litigation as a weapon to harass employees and scuttle justice. The problem is due to whimsical interpretation and arbitrary implementation of too many laws, rules and regulations.

Victims sue the governments on grounds of arbitrary dismissal or promotions, patronised recruitment, disciplinary action on political consideration and misuse of discretionary powers.

In such circumstances, any person who is neither connected closely with powers that be nor possesses sound finances to fight cases for a very long period becomes a victim of official vindictiveness. Consequently, litigation has emerged as an anti-development and anti-democratic process.



It is time some redundant laws like the Indian Evidence Act (1872), the Official Secrecy Act (1923), the Central Code of Conduct Rules (1963), the Code of Civil Procedure (1908) and the Code of Criminal Procedure (1973) were amended for justice, fairplay and good governance.

Choudhary Devi Lal University, Sirsa


Litigation is primarily aimed at denying or prolonging justice to the common man. Evidently, loopholes in the judiciary and administrative processes often come in handy for the government to scuttle justice. These loopholes add to the agony of the common man because dissatisfied parties file review petitions, thereby prolonging litigation. The judges should ensure that their rulings are implemented by the executive.

There should be mutual understanding between the legislature and the judiciary to safeguard the interests of the employees and the citizens. The implications of the proposed legislation should be thoroughly debated in Parliament and state legislatures before enactment.



The government – at the Centre and in the states – should help judiciary check prolonged litigation. Why go in for litigation at all when a case has no legal point or principle involved? Reduction in litigation means reduction in the wastage of money, time and energy which can be utilised for constructive purposes. This would also help courts devote more time to other important cases.

Government offices should implement the prescribed rules and regulations properly and for the common good. This must be done objectively and impartially without any fear or favour. We need a system that would check litigation due to the ever-increasing laws enacted by Parliament and state legislatures.



I agree with the view that litigation is being used by the Punjab government as a weapon against the weak and there is no limit to the extent of official vindictiveness. It is surprising why the government does not warn its officials not to do so.

Amazingly, even the orders of the courts are not implemented. This has led to an increase in the number of contempt petitions. Owing to prolonged litigation, many employees do not get justice in terms of due payments during their lifetime. Thus, the judiciary is the only hope for the common man. Contempt petitions may be dealt with strictly by the High Court.



The case of the two poor peons on whom litigation was forced by some officials of the Punjab government is shocking. The Punjab and Haryana High Court’s directive to the government to recover the losses from the officials as a result of the unnecessary litigation is heartening. Hopefully, this punishment will have a salutary effect on those who have arrogated the power of defying the courts.

I would like to share with The Tribune readers that things are even worse in autonomous bodies. I would cite the case of the Punjab Agricultural University (PAU) where the Vice-Chancellor has penalised scores of employees with harsh penalties such as denial of promotion, reduction in salary, stoppage of increments, dismissal from service and the like. Even some employees who retired from the university service years ago have been inflicted penalties like recovery of heavy amounts, reduction in pension, etc. At least 20 employees have been terminated or forced to resign their jobs on frivolous grounds.


Fight AIDS in villages too

World AIDS Day was observed recently with renewed pledges and action plans to fight the dreaded disease. Surprisingly, though India has been allocated billions of dollars for fighting the disease, it has seen an exponential rise in the number of patients.

It also shows that the fight against AIDS is restricted to making policies and programmes in air-conditioned offices and implemented in cities, leaving roadside dhabas and villages. One can hardly see sex awareness programmes in the countryside where it is very much needed.

Jabalpur (MP)

Shun cell phones

As a student, I am disturbed by the increasing negative use of cell phones by school students. They  misuse the mobile phones for sending cheap messages and pictures to They play with these phones and consider this as a source of entertainment. It diverts the attention of the class and leads to indiscipline. They also buy the mobiles under the influence of their friends to show off. Children have also started buying the camera phones. Through this, they send obscene pictures.

Following a recent incident in a leading Delhi convent school, the use of cell phones by student has been banned. This is a right step. Students must understand that the use of cell phone is wastage of precious money, time and energy. Studies reveal that excessive use of cell phones may also lead to headache, ear pain, sleeplessness, tiredness and cancer. I would request all the parents not to encourage their children to carry cell phones to their schools.

Class X, Army School, Ambala Cantonment


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