Submit report on seminars over SC rulings, Punjab and Haryana High Court directs academy head

Saurabh Malik

Chandigarh, July 18

In a significant judgment liable to change the way the subordinate judiciary adjudicates the matters before it on the basis of the settled principles of law, the Punjab and Haryana High Court today asked the Chandigarh Judicial Academy (CJA) Director to submit a report on seminars being conducted for the circulation of recent Supreme Court judgments to all judicial officers in the States of Punjab and Haryana, along with the Union Territory of Chandigarh.

Judge not upgrading legal knowledge

Surprisingly, the judgment in Birender’s case was passed on January 13, 2020, and the tribunal passed the impugned award on March 7, which reflected that the Judge was not upgrading his legal knowledge about the latest judgments of the SC while relying upon the judgment of this court, which had been overruled. — Justice Arvind Singh Sangwan

Justice Arvind Singh Sangwan also made it clear that the report would indicate the calendar for the next six months, “vide which the judicial academy will hold refresher course in this regard”. For the purpose, Justice Sangwan fixed the case for November last week.

The direction came as the Bench rapped a judicial officer in Faridabad for his failure to update his legal knowledge about the latest Supreme Court judgments while functioning at the Motor Accidents Claims Tribunal. Justice Sangwan observed that the judicial officer had in the matter relied upon a High Court judgment, which had been overruled by the Supreme Court.

The matter was brought to Justice Sangwan’s notice after National Insurance Company Limited moved the High Court against Tangamani and other respondents, challenging the award passed on March 7 by the Faridabad Motor Accident Claims Tribunal.

Justice Sangwan asserted that it was “very strange” that the tribunal relied upon a single-bench judgment of the High Court in a case that did not give correct interpretation of the Supreme Court judgment in the case of “Reliance General Insurance Company Ltd versus Shashi Sharma and others” on the calculation of the compensation amount.

Justice Sangwan added that the tribunal “conveniently ignored the fact that even this judgment stood overruled by the Supreme Court in another case “National Insurance Company Ltd versus Birender and others”.

Justice Sangwan added: “Surprisingly, the judgment in Birender’s case was passed on January 13, 2020, and the tribunal passed the impugned award on March 7, which reflected that the Judge was not upgrading his legal knowledge about the latest judgments of the Supreme Court while relying upon the judgment of this court, which had been overruled”.