judicial restraint – A practice has developed in certain High Courts to call officers at the drop of a hat and to exert direct or indirect pressure – The line of separation of powers between Judiciary and Executive is sought to be crossed by summoning the officers and in a way pressurizing them to pass an order as per the whims and fancies of the Court – The public officers of the Executive are also performing their duties as the third limbs of the governance – The actions or decisions by the officers are not to benefit them, but as a custodian of public funds and in the interest of administration, some decisions are bound to be taken – It is always open to the High Court to set aside the decision which does not meet the test of judicial review but summoning of officers frequently is not appreciable at all – The same is liable to be condemned in the strongest words – practice and procedure.
(2021-3)203 PLR 253 (SC), 2021 SCeJ 978
