LAWS(ALL)-2004-11-87

PHULESHWAR Vs. MAYA NIRANJAN

Decided On November 05, 2004
PHULESHWAR Appellant
V/S
MAYA NIRANJAN Respondents

JUDGEMENT

(1.) Heard Shri Krishnaji Khare counsel for the applicant and Shri C. B. Yadav, learned Chief Standing Counsel-II for the opposite party No. 1.

(2.) At the first blush, this case appeared to be an exercise in futility and I was about to discharge the notices because the executor of the judgment, Smt. Maya Niranjan, had already been transferred from the post and the order and judgment of the Court had been complied by her successor, though after more than four years when it was to be complied within two months. It appeared to be yet another case of stagnant officialdom relying upon the procedural delays, which mars the working of nearly every department of the Government. But the counsel for the applicant, a reasonable man, begged couple of minutes, otherwise, he said, he would be failing in his duty to the Courts and the society. With some reluctance, I agreed.

(3.) He started with some brief facts and took me to certain paragraphs of the writ judgment and couple of paragraphs of counter-affidavit and its annexures. And he stopped. I could not. We together read the judgment, the petition and the counter with its annexures. He was right. Though it was agonizing reading, but it brought forth the defiant and "care two hoots" attitude of Smt. Maya Niranjan. A sense of helplessness slowly crept in, but soon gave way to the duty that I owe to the institution and the society.