LALAN PRASAD RAI Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) These seven petitioners have a common complaint; according to them, some of their juniors probably blue-eyed-baby of the District Superintendent of Education, Vaishali at Hajipur have already been promoted but the petitioners probably the step children of the said Officer have not been promoted. Not only that, even their representations are not being taken up for consideration because for the reasons best known to the said District Superintendent of Education, he does not find time to take up the matters of these persons.

(3.) It appears that every Officer in this State is required to be informed by the Court by a writ that he has been appointed and posted at a particular place to work and not to shirk the work. This Court is infested with thousands of such petitions where because of the non-action or inaction on the part of the Government Officers, be he a Secretary of the Department or a Circle Officer, a Civil Surgeon or Superintendent of Education or Excise Officer or whatever he is, a man is required to come to the High Court, seek a direction against those Officers that within a time frame they must pass orders. The plight of such person does not end there only. The real fight starts after a direction is issued by the Court. Within the fixed time the officer would not pass an order probably feeling protected being a Government servant. Disgusted and frustrated the petitioner again comes to the High Court in its jurisdiction under the provisions of contempt of Courts Act. When notices are issued, the Government Counsel would pray for some time for filing an affidavit, thereafter an absurd and useless affidavit would be filed, thereafter an absurd order would follow rejecting the claim of such a person. The matter will have to be reagitated again in the writ jurisdiction and the Court finding that order being absurd sets aside it with the direction to the authority to reconsider the whole matter. By this time the first officer is changed, second officer does not know anything about the subject. He would take up the matter afresh, would not pass the order by that time and again a contempt application. Six to ten rounds in the lifetime of an employee in the corridors of this Court are the routine of the life and . unfortunately he still stands in the Square No. 1 because the Court cannot pass an order of promotion or confirmation and the Officers are not ready and willing to pass the orders. Despite award of punishment to number of Officers, the Officers have not come out of their slumber or hibernation. This Court had gone to the extent of saying that the hard skin of the officers of this State has now become bullet proof and they are affected by nothing and most unfortunately these observations made by this Court, in fact, do not make any effect on the said skin.