OMKAR PRASAD SHARMA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) TIME and again this Court has issued a writ of mandamus for implementation to the orders passed by the Tribunal, a body created under the Rajasthan Civil Services (Service Matters Appellate Tribunals) Act, 1976. The Legislature had in its mind the fact that litigations in the Civil Courts take years together before the cases are decided and the delay causes hardship not only to the individual employee but also creates several complications. With the object of expeditious disposal of the cases between the employees and the Government, the Legislature thought that a special body having expertise in deciding the service matters may be constituted. More than 15 years have passed, but dissatisfaction amongst the public (constituting the group which is called as Government servants) is increasing. The functioning of the Service Tribunal has left much to be desired. The delay in disposal of the appeal in this case which is of 5 years has taken tall of the petitioner's patience. The matter did not stop here. A period of 1 year and almost 4 months have passed and after having been able to successful before the Tribunal, the petitioner is still waiting for opening of the sealed cover, which contains his fate regarding promotion. According to the petitioner, this may be his first promotion in his service before his retirement in the year 1992.

(2.) THE Department of Personnel and Administrative Reforms which has been given final authority under the Rules of Business framed by the Government of Rajasthan under Article 166 of the Constitution of India has in its wisdom, thought it proper to issue administrative instructions for implementation of the orders of the Tribunal, which must be described as half hearted attempts of fill the gaps which can easily be seen in the provisions of the Act of 1976 in the context of effectiveness of its order. The Act of 1976 completely bears silence about the machinery for implementation of the order passed by the Tribunal. The experience of this Court is that the Circulars issued by the Department of Personnel are followed more in breach than compliance. Each Officer shows ignorance in the matters as if non -compliance will be of no consequence. This case is yet another illustration of flagrant disregard of the circulars issued by the Department of Personnel, which enjoin upon all authorities including heads of the Department that the orders passed by the Tribunal must be given effect within 3 months and a decision, if any, taken to challenge the decision of the Tribunal before the High Court, such decision should also be taken within 3 months. True it is that some time may be consumed in procuring copy of the order from the tribunal, in getting opinion of the Government counsel, but a period of 6 months cannot in any circumstances be treated as reasonable period. In most of the cases, the Govt. servants themselves present copy of the order before the competent authority in the hope that action will be taken on the same. Lack of sincerity on the part of departmental authorities however permit them to ignore the copies presented by the Government servants themselves .

(3.) IN the result, the writ petition is allowed. Respondents are directed to implement the order of the Tribunal dated 31.5.1990 within 2 months from today, Shri N.L. Verma, Officer -in -charge who is present in the court has been instructed to convey the concerned officer of the Department about the order of this court, so that there may not be further delay in implementation of the same. The observations made hereinabove have so been made with the hope that the departmental authorities would take these observations in a right spirit and act in accordance with the circulars of the Government, so that avoidable litigation which is coming to this Court may be avoided in future.