PRABHU NIARAN SAMUEL SURIN Vs. UNION OF INDIA

JUDGEMENT

(1.) NOTICE was issued to the Tribal Advisory Council and in response to that an affidavit has been filed on 8th January, 2013 by Deputy Secretary, Department of Welfare, Government of Jharkhand, Ranchi.

(2.) IN the affidavit, it has been stated that Tribal Advisory Council is to advise on such matters pertaining to the welfare and advancement to the Scheduled Tribes in the State. It has further been stated that the Tribal Advisory Council has been constituted vide notification no. 793 dated 29th March, 2011. Then, it is stated that Welfare Department, Government of Jharkhand, being the nodal department for the welfare of the Scheduled Tribes in the State is the administrative department of the Tribes Advisory Council. The Principal Secretary/Secretary of the Welfare Department is the ex -officio member Secretary of the Tribal Advisory Council. It is stated that since the creation of the State of Jharkhand the Tribal Advisory Council has met twelve times and deliberated and advised on the issues related to the development and welfare of the Scheduled Tribes in the State. As per the Annexure B, annexed with the counter affidavit, the Tribal Advisory Council was constituted vide notification no. 1358 dated 8th June, 2010 and in two years there were twelve meetings. However, it is not clear what was deliberated in those meetings so as to address the issue, which has been raised by the petitioners. In the affidavit, not a single word has been stated with respect to the issues raised by the petitioners. It appears that the said Council failed to understand the grievance of the petitioners, which has been raised by the petitioners in this Public Interest Litigation and for which, this petition has been registered and on 29th November, 2012, detailed order was passed by this Court so as to know the view of the Tribes Advisory Council also.

(3.) THEREFORE , the Tribal Advisory Council, who has filed the affidavit through Deputy Secretary, who is not the ex -officio Secretary, is directed to file a detailed affidavit sworn by the Secretary of the Tribal Advisory Council and not in the capacity of the Secretary, Welfare Department, Government of Jharkhand. One officer may have dual work, one in the Government and another as a Secretary in the Council. The Secretary, Tribal Advisory Council has its own legal obligation to discharge duties assigned to the said post of Secretary, Tribal Welfare Council. The Tribal Advisory Council is also directed to submit the copies of the minutes of all twelve meetings or their gist.