Govt Counsel Should Have Written Instructions From Authorities; Court Should Act Against Officials Who Misrepresent: Supreme Court

In a notable observation, the Supreme Court recently underscored the necessity for parties, especially government authorities, to provide truthful and accurate information in writing. It emphasized that written instructions are crucial to prevent factual errors and misrepresentations, which can compromise the integrity of the judicial process. Relying on oral submissions alone can lead to misunderstandings, affecting not only the parties involved but also public trust in the judiciary.

The Court advised that judicial orders should be based solely on written instructions to ensure that liability is appropriately assigned to the responsible officials in cases of wrongful representations. Officials and counsel appearing before the Court on behalf of government authorities must be properly equipped with written instructions from the competent authorities. The Court also warned that any misrepresentation, especially by government authorities, would be met with strict action, including imposing costs on the responsible officials.

A bench comprising Justices Pankaj Mithal and R Mahadevan made these observations while deciding cases of Lecturers / Principals in the Government Aided Private Colleges in the State of Haryana seeking parity in pension with the Lecturers/Librarians of the Government Colleges. While dismissing their claims, the Court noted that there were some lapses on the part of the officials representing the State in furnishing instructions about the case to the Cour; however that by itself will not give any room for the appellants to get unjust enrichment.

The judgment authored by Justice Mahadevan stated :

"Before parting, we wish to observe that each party should present truthful and accurate information to the court to facilitate fair adjudication. Such information should be provided in the form of writing. Relying on the oral instructions may lead to factual errors, misunderstanding / misrepresentations, etc., ultimately compromising the integrity of the judicial process. Misleading representations not only affect the parties involved, but also erode public trust in the judicial system as a whole. The Court should also pass orders only based on the written instructions, so as to enable it to fix the liability on the correct official(s), responsible for any such wrongful representations / instructions. Therefore, it is imperative that the official(s)/counsel(s) appearing before the Court to represent the Government authorities should equip with proper written instructions from the competent authority(ies). Needless to state that if any misrepresentation is made on the part of the parties, in particular, Government  authorities, the court should not shy away from it, rather act sternly by mulcting with costs on the official(s) who make the same."

Case : KC Kaushik and others v. State of Haryana and others

Citation : 2024 LiveLaw (SC) 831

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