DHRUV NARAIN PANDEY Vs. STATE OF U P

JUDGEMENT

(1.) Learned Standing Counsel and Sri N. Mishra may file counter affidavit within three weeks. List thereafter.

(2.) Sri Pradeep Kumar, learned Additional Chief Standing Counsel appearing for the State has stated before us that in many cases letters could not be sent from the office of the Chief Standing Counsel to the concerned Departments and its officers regarding the orders of the Court for filing counter affidavit etc. because there is no money to pay for the postage. He has also stated that the Government Counsels/Standing Counsels have great difficulty in their functioning because there are no fax machines as well as no official telephones at the residence of the Additional Chief Standing Counsels, the Standing Counsels and also the Additional Government Advocates. They have no individual P.S. or Peon and even their scales and fee have not been properly revised. There is no library budget since 1998 for purchase of books for the State Law Officers Library in the High Court. There are no proper Chambers with A.C./Coolers form them, and sufficient ministerial staff is not given to them.

(3.) In our opinion, unless the Addl. Chief Standing Counsels, the Standing Counsels and Addl. Government Advocates are given proper facilities, the interest of the State will suffer. It is a pennywise pound foolish policy which is presently being followed. Merely for saving a few thousand rupees the Government may be suffering loss of lacs of crores of rupees in this connection. The Government/Standing Counsels often have to cut a sorry figure in Court because they are not properly equipped to assist the Court and take timely action. We are informed that since the second week of December, 2001 notices of petitions received in the office of the Chief Standing Counsel could not be sent to the Departments concerned due to lack of postal stamps and non-availability of budget. As a result, a large number of counter affidavits have not been filed inspite of repeated orders and even after stop orders of the Court.