Here’s why the Delhi HC imposed costs of 1 lakh on the Rajya Sabha Secretariat

Last week, the Delhi High Court lambasted the Rajya Sabha Secretariat for pursuing prolonged litigation against a former employee for over 10 years and imposed exemplary costs of 1 lakh for wasting valuable judicial time of the courts..The Secretariat had filed a suit for recovery against one PS Verma, who had been working as a Senior Private Secretary, claiming that he was over-paid an amount of Rs.39,010 on account of pension not being deducted from his monetary package. The same was required to be done in terms of a July ’99 DOPT circular..The Single Judge Bench of Justice Valmiki J Mehta expressed his anguish at the fact that a legislative body like the Rajya Sabha is haranguing an ex-employee over a paltry sum of 39010..“Before I turn to the discussion on the facts of the present case, I must express my anguish with the appellant/plaintiff which is the Rajya Sabha Secretariat and an arm of the legislative body of this country, that it is not only harassing the respondent/defendant for a minor amount of Rs.39,010/- but also that by its actions valuable judicial time of three courts being the trial court, the first appellate court as also this Court has been completely wasted.”.The Court referred to the landmark judgment of the Supreme Court in State of Punjab & Others Vs. Rafiq Masih (White Washer) & Others, which had held that employees, who are beneficiaries of wrongful monetary gains at the hands of the employer, may not be compelled to refund the same..In the present case, Justice Mehta observed,.“…there is no fraud which is alleged against the respondent/defendant and it is seen that in fact the respondent/defendant has himself been asking the appellant/plaintiff to take necessary corrective action but the appellant/plaintiff did so only partially.”.The Court, therefore, went on to say that the litigation was totally frivolous and that no substantial question of law arose..It also directed that out of the amount of Rs.1 lakh, half shall be paid to the defendant and the other half shall be deposited by that person who has directed/opined filing of the present appeal with the website www.bharatkeveer.gov.in..Read Judgment: