KC Kaushik vs State Of Haryana 2024 INSC 803 – Misleading Representation Before Court

Practice and Procedure – 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. (Para 22)

Summary: Appeal against the judgment of High Court (Division Bench) allowed the State’s appeals and set aside the orders of the learned Single Judge with respect to grant of interest on delayed payment of revised pension to the appellants- Appeal dismissed.

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