The Supreme Court formally commits to redressing temporal disparities between illegal actions and restitution, demonstrating a steadfast dedication to expedited justice. This formal pledge signifies the court’s proactive stance in implementing effective solutions to streamline legal processes and ensure timely restitution for affected parties.
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NEW DELHI: On 23rd February, the Supreme Court, in the case of Manoj Kumar v. Union of India, recently emphasized its commitment to bridging the gap between illegal actions and the restitution of those who have suffered as a consequence. Justices PS Narasimha and Sandeep Mehta presided over the case, addressing the unjust denial of employment to a teacher on unfair grounds.
“The delay in this case is not unusual; we see several such cases when our final hearing board moves. Appeals of more than two decades are awaiting consideration. It is distressing but certainly not beyond us. We must and we will find a solution to this problem,”
– the Bench stated, acknowledging the prevalent delays in deciding cases before the apex court.
Recognizing the urgent need for a system to preserve parties rights during the prolonged legal process, the Bench deliberated on formulating a reasonable equivalent for restitution of wrongful actions. It highlighted the necessity of addressing injurious consequences arising from arbitrary and illegal actions as part of the courts overarching constitutional purpose.
The petitioner, who had applied for the position of a primary teacher at the Pandit Deendayal Upadhyay Institute for the Physically Handicapped, faced unjust denial due to an alleged deficiency in educational qualifications. Despite the Court’s determination that the petitioner deserved the position, the unfortunate closure of the school posed a challenge in providing an effective remedy.
“This is an unfortunate situation where the Court finds that the action of the respondent was arbitrary, but the consequential remedy cannot be given due to subsequent developments. One stark reality of the situation is the time that has passed between the order of 2018 impugned herein and the judgment that we pronounce in 2024,”
-the Court lamented.
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The Bench acknowledged the broader duty of constitutional courts to address the injurious consequences arising from arbitrary and illegal actions. It recognized the inherent difficulty in bridging the time gap between the illegal impugned action and restitution, attributing it to systemic issues within the adversarial judicial process.
“The protracted timeline spanning from the filing of a writ petition, service of notice, filing of counter affidavits, final hearing, and then the eventual delivery of judgment, coupled with subsequent appellate procedures, exacerbates delays,”
-the Bench elaborated, shedding light on the complexities of the judicial system.
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In the face of these challenges, the Court granted relief to the petitioner, appreciating his steadfast pursuit of justice since 2017. The Court set aside the executive order of May 22, 2017, as illegal and arbitrary, directing the Institute to pay compensation amounting to Rs. 1,00,000.
CASE TITLE : [Manoj Kumar v. Union of India]
[READ THE ORDER]
