SEVAKANT JHA Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. PK Tiwari, learned counsel for the petitioner and also heard Mr.A.Thakur, learned Additional Senior Govt Advocate, Assam.

(2.) In this writ petition, the petitioner has challenged the order dated 17.11.99 by which his appointment as Chowkidar in the TRP Hindi ME School, vide order dated 9.11.99, has been kept in abeyance without affording any opportunity whatsoever to him.

(3.) Rule was issued on 8.3.2000 with the direction to list the matter for hearing in the first week of April 2000 as fixed item. Despite notices, no affidavit-in-opposition has been forthcoming till date from the State-respondents. Moreso, in spite of the specific order dated 3.4.2002, no record has also been produced before this Court on behalf of the State-respondents to show cause AS to why the order of appointment of the petitioner was kept in abeyance. At the time of hearing of this matter today, on pointed asking, Mr. Thakur learned Additional Senior Govt Advocate has expressed his utter helplessness and inability for production of the relevant case records stating that in spite of their repeated intimations and requests, the concerned authorities are not sending any information or instructions as sought. It has become an usual practice of the part of the learned Govt Advocates not to furnish any records or instructions despite ample and sufficient opportunities afforded to them. According to them they are not getting any instructions, intimations, comments or even records whatsoever from the concerned authorities in order to enable them to prepare an effective affidavit or to produce the case records as per direction of this Court. As a result, the Court is not getting any proper and required assistance from the stand of the State Counsel for effective adjudication of the case where the State is involved. The Court is totally detained and restrained from getting the clear and correct factual position of the Govt side in a case where the State is a litigant and accordingly, the Court has no other alternative but to rely on the averments and contentions made in the writ petition itself. But this cannot always be encouraged inasmuch as the same may send an unwholesome signal affecting the justice delivery system itself. It is really depressing and distressing why the Govt cannot file any counter or produce the relevant records in time or as and when required or directed. What ails the State-respondents ? Why have such apathy and non-chalant attitude been shown by the concerned authorities in complying with the Court's direction to file the response or to produce related records of the case within time frame? It appears from the submissions made by the learned Govt Advocate almost in all cases that there are total lack of co-operation and co-ordination between the State counsel and the State Departmental authorities. It is told that there is a fleet of Govt Advocate engaged by the Govt and various concerned departments including the instrumentalities of the State. Unfortunately it is the day to day experience of the Court that no one is properly and adequately briefed by the department concerned by furnishing instructions or comments or records and as a result there remain creases on the performance of the Govt counsel in conducting the Govt cases that cannot be ironed out.