CHANDRIKAPRASAD Vs. STATE

JUDGEMENT

(1.) This petition, filed on 10-9-1984, in this Court at Indore, has had a faster speed from the very begining as to reach at the stage of final hearing comparatively very soon, at the instance and insistence of the petitioner's counsel Shri K. L. Sethi, who saw to it that the matter was expedited for hearing as the petitioner was to retire on 31st July, 1985. It was for this reason that the petition was expedited stage to stage so that a person in Government service on retirement may not have a grievance that he was not heard or that justice was not done to him. It was with this anxiety that the matter was taken up.

(2.) But when the crop was ready for the sickle, the respondents came with an application (IA. No. 3047 of 1985) praying for dismissal of the petition, who could have otherwise resisted the decree of fate itself. The petition even in the midst of a final order, which was being dictated in the open Court on 23rd July, 1985, (up to a certain stage) in the absence of the counsel for the respondent-State, who made his appearance at a later stage and even for this belated appearance there is a bad remark against the Government Advocate. But the appearance when made by the learned Govt. Advocate was coupled with prayer for some time for filing the return but realising the anxiety expressed by the petitioner for disposal of the petition at the earliest possible date before 31st of July, 1985, and it was for this reason that the petition was being repeatedly listed on 24th and 25th so as to accommodate the respondent State in filing their return and producing the relevant record.

(3.) When the order on merits was half way and as the Government Advocate appeared, time till next day, i.e. 24-7-1983 was given and on 24-7-85 the learned Government Advocate made an application, being LA. No. 2937/85, praying for an adjournment for the reasons stated in the said application. Conscious of the urgency and keeping in view that the petitioner was to retire on 31st July, 1985 again adjournment was granted, but only till the next day, i.e. 25th July. 1985 with a direction to the Government Advocate to produce the record. On 25th July, 1985, the learned Government Advocate prayed for some more time to produce the record and time till 31st July, 1983 was granted for production of the record, Shri K. L. Sethi was present on these dates and also on 31st of July, 1985 on which date the Government Advocate submitted an application, being LA. No. 3047/85, along with an Annexure R/1. A certified copy of the order passed in M.P. No. 1624/84 Chandrikaprasad v. State of M.P. by a Division Bench of this Court on 23rd August, 1984, which came as an eclipse to the petition. A copy of this application was received by the learned counsel for the petitioner, Shri K. L. Sethi and when he was called upon to explain as to how was it that a petition, which was dismissed by a Division Bench of this Court at Jabalpur, should again have been filed, within a short period of a fortnight. Shri Sethi stated that he would have to verify the facts, but when the order in M.P. No. 1624/84 was read over to him, as a whole, he again stated that the grounds might possibly be different. So that as it may.