ANTHONY XAVIER FERNANDES Vs. STATE OF GOA

JUDGEMENT

(1.) On 12th February, 2008, the Division Bench of this Court passed the following Order:

(2.) It appears from the record of the case file that respondent No. 1 was served. However, service on respondent No. 2 was awaited. Thereafter, even respondent No. 2 was served. The case remained pending before this Court. However, on 18.3.2008, the learned Advocate General appearing for the State informed the Court that the decision had been taken to establish a separate Tribunal for the South Goa District and that the selection list had lapsed. Keeping in view the facts of the case and the statement made by the learned Advocate General,we had directed the original records to be produced in the Court as well as a proper affidavit to be filed. The matter came up on 19.3.08, on which date further time was prayed by the learned Advocate General which was granted and the matter was directed to be listed today. Despite repeated directions, no affidavit has been filed on behalf of the State till today. However, the learned Advocate General submitted that he has instructions to say even today that the statement made by him before the court on 18th March, 2008 holds good. It would be evident from the discussion in the later part of this judgment that even this statement is not supported by the record produced before us.

(3.) Keeping in view the larger public interest and finding that correct facts were not brought before the court, we consider it imperative for the court to deal with this case in some detail. The decision of the Law Minister and the stand taken by the State in court appear to be an attempt to over-reach a decision taken earlier in accordance with law to ensure proper administration of justice for the Administrative Tribunal, Goa. The decision is neither in public interest nor is supported by any accepted cannons of administrative functioning in the Government. It appears to be arbitrary and certainly, prejudicial to the interest of the litigants whose cases are pending before the Tribunal for years. Now, we may refer to the facts giving rise to the present Public Interest Litigation.