SUO MOTU Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS Court cannot help expressing reservations that inspite of several assurances made by the concerned officers since 31.05.2012 and serious orders passed in this matter with comments on the manner of dealing with the traffic control system in the city of Jodhpur by all the concerned; and despite the assurances made before the Court on 10.10.2012 that the major part of the due work shall be accomplished with all quality control by the last week of October 2012, the scenario, yet, is that the control and regulation of the traffic in the city of Jodhpur is in total disarray and cannot be said to have reached to a satisfactory level. In this regard, of course, it appears from the reports made that some work has been done but that had been too late and too little. Moreover, it had been rather shocking to notice that there are several reports about the poor quality of work done. In that regard, it is brought to the notice of the Court that on 4th instant, the Collector, Jodhpur visited a few roads and raised question-mark over the quality of the road construction work whereafter, the samples are being collected and are being sent to the Laboratory concerned for examination.

(2.) ON 10.10.2012, when this Court expressed dissatisfaction over the working, or rather want of working, on the part of the officers concerned regarding the road work, it was given out that strict quality control would be maintained and a committee comprising of 4 senior engineering officers had been constituted comprising of Mr. M.S. Rawal, Director Engineering, JDA, Jodhpur (earlier wrongly mentioned as Mr. T.S. Rawal, Director, PHED, Jodhpur), Mr. T.C. Chhajerh, Superintending Engineer, PWD, Jodhpur, Mr. Mahesh Sharma, Superintending Engineer, Municipal Corporation, Jodhpur and Mr. K.L. Mathur, Superintending Engineer, National Highway, Jodhpur.

(3.) IN all fairness to the traffic branch of the police, it may, of course, be observed that as per the reports made, the said branch appears to have taken some corrective measures and is found functional but and yet, several of the corrective steps are yet to be taken by the traffic branch too. We would expect that all such steps are taken without further delay and the concerned personnel are made more sensitive and attentive towards their duties. However, we are constrained to reiterate that leaving aside the traffic branch of police, all other departments and authorities have failed to adhere to their duties and responsibilities and have failed to keep their words given to the Court in this matter. For all the observations hereinabove, we are now left with no option but to pass adverse orders against the officers concerned. However, when we proposed to pass adverse orders including seizure/attachment of the salary payable to the officers concerned, the learned Addl. Advocate General Mr. Punia and the learned counsel Mr. Saluja appearing for the respondents submitted that the work is being done and the officers have, in all probability, understood their duties and responsibilities and some more breathing time may be allowed to them to take all corrective measures. We are now not impressed even with these submissions because only on the basis of these nature submissions, we had adjourned this matter from time to time, particularly from 31.05.2012 onwards, despite noticing total failure on the part of the respondents and despite noticing that the system of Municipal and Urban governance has failed in the city of Jodhpur. This Court regularly granted more and more time with the hope and trust that the officers would understand the anxiety of the Court as well as their responsibility towards the public at large. The officers concerned, particularly, those relating to the Municipal Corporation, JDA, the Public Works Department and Transport Deparatment have thoroughly failed to adhere to the requirements of their duties, have failed to honour the assurances made, and have belied the faith reposed in them by the Court. However and yet, giving them another as the last opportunity, the matter is adjourned to 08.11.2012. List this matter on 08.11.2012.