Chandigarh, April 12
The Punjab and Haryana High Court has directed the Punjab Chief Secretary to file an affidavit specifying whether a system is in place for imparting training to the officers exercising statutory powers, apart from the generalised training at the State Institute of Public Administration, Chandigarh.
“It, prima facie, appears that because of lack of knowledge about the statutory provisions that the officers exercise their powers without the application of mind or in ignorance of the statutory provisions. A mechanism has to be developed to impart training in a specialised manner. The avoidable litigation can be reduced only by taking appropriate steps in this regard,” Justice Jasgurpreet Singh Puri asserted.
The direction came after the Bench was informed that about 71 writ petitions were earlier filed, wherein the District Food Supply Controller passed an order without any authority of law “since she was not even vested with the power to pass an order of suspension”.
The Bench was also told that a fresh order also prima facie appeared to be inviolation of an order and might again open “flood gate of litigation” as it was done in the earlier case. “This court takes a serious view and also wishes to ascertain as to whether the officers of state of Punjab are given adequate training with regard to as to how to exercise their powers. It is not a case that the power is not vested, but it is a case where the exercise of power is arbitrary. The litigation can be avoided and it is a settled proposition of law for any country that it is in the interest of the state to reduce the litigation,” Justice Puri added.
litigation can be avoided
‘The avoidable litigation can be reduced only by taking appropriate steps.’
— Justice Jasgurpreet Singh Puri
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