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Service & Administrative LawSupreme Court of India

Union of India & Ors. v. Pirthwi Singh & Ors.

Civil Appeal · 2018 INSC 408Decided 24 Apr 2018
Civil Appeal arising out of Diary No. 8754 of 2018
Justice Madan B. Lokur · Justice Deepak Gupta

Background

The Union of India had already lost an identical batch of appeals on the same legal issue in a judgment dated 8 December 2017 (Union of India v. Balbir Singh Turn), and a further, nearly identical appeal on the very same point was again dismissed by the Supreme Court on 9 March 2018 with costs of Rs. 1 lakh, with the Court specifically warning the Government to be more careful about repetitive litigation. Despite this, the Union of India filed yet another appeal (this one, arising from Diary No. 8754 of 2018) on 8 March 2018 raising the same already-settled issue, and did not withdraw it even after the earlier dismissals, engaging ten lawyers including an Additional Solicitor General and a Senior Advocate to argue it.

Decision Breakdown

The Supreme Court held that filing and pursuing this appeal was frivolous given that the identical issue had already been conclusively decided against the Union of India twice, and criticized the Government's disregard for its own "National Litigation Policy," which calls for avoiding unnecessary appeals and promptly withdrawing vexatious litigation. The Court noted that such repeated, pointless litigation wastes court time, burdens other litigants whose cases get delayed, and needlessly costs taxpayers money through legal fees. It dismissed the appeal once again, imposing costs of Rs. 1,00,000 to be deposited with the Supreme Court Legal Services Committee for juvenile justice work, and listed the matter for compliance after five weeks.

Lesson Learnt

Government departments, like any litigant, must stop pursuing cases once an identical legal question has already been finally decided against them: repeatedly re-filing settled issues wastes public money and court resources and can attract escalating costs.

Union of India & Ors. v. Pirthwi Singh & Ors. – Legal Case Shots | LegalAware