In a significant ruling aimed at curbing unnecessary litigation by government bodies, the Jharkhand High Court has imposed a hefty fine of Rs 1 lakh on state officials. The penalty was levied for filing a civil review petition that the court found was a deliberate attempt to delay proceedings before an executing court.
Court Condemns State's "Oblique Motive"
A bench comprising Chief Justice Tarlok Singh Chauhan and Justice Rajesh Shankar delivered the stern order on December 19, 2025. The judges strongly criticized the state's actions, stating the petition was filed with an "oblique motive" solely to stall the execution of a court order. The bench made it clear that such tactics from the state machinery are unacceptable.
The court emphasized a fundamental principle of governance. "The State... is not an ordinary party trying to win a case against one of its own citizens by hook or by crook," the order stated. It elaborated that the state's duty is to settle honest claims and present substantial defenses, not to exploit legal technicalities to overpower a weaker party or evade just liabilities.
Background of the Case and Judicial Rebuke
The controversy stemmed from a civil review petition filed by the state government. This petition challenged a previous court order that had simply directed an executing court to dispose of an execution petition filed by a decree holder promptly. The High Court noted that its original order did not even touch upon the merits of the case; it only instructed expedited proceedings.
Dismissing the state's plea as "most bogus and frivolous," the court lamented the waste of public money and the harassment caused to the opposing company, the respondent in the case. The judges expressed concern over the "adamant behaviour of the officers" and a pervasive litigious attitude that leads to avoidable cases, further burdening an already overloaded judicial system.
New Directives to Curb Endless Litigation
Going beyond just imposing costs, the High Court issued binding directives to prevent such scenarios in the future. It ruled that it is "high time to restrain the state and its agencies from litigating endlessly."
The court mandated that henceforth, all appellate or revisional side litigation from the state must be initiated only after strictly following the Jharkhand State Litigation Policy. A certificate confirming compliance must be attached to every appeal, second appeal, or revision petition, including those under Article 227 of the Constitution.
The order stated that failure to adhere to this rule would result in the court not entertaining the litigation. An exception would be made only if an affidavit from the concerned Department Head or Secretary is filed, explaining the reasons for not following the Litigation Policy.
The Rs 1 lakh cost has been ordered to be paid by all the petitioners (state officials) from their own pockets within four weeks. The amount must be deposited with the Jharkhand State Legal Services Authority (JHALSA) in Ranchi.
