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1989 DIGILAW 525 (RAJ)

Daulal Purohit v. State of Rajasthan

1989-07-26

D.L.MEHTA

body1989
JUDGMENT 1. 1. Heard learned counsel for the parties. 2. The Rajasthan Civil Services Appellate Tribunal Jaipur, has decided the appeal of the present petitioner on 31.5.1984, and directed that the appellant shall be entitled to all consequential benefits as well. The impugned order, which was challenged before the Tribunal was also modified by the tribunal. 3. More than 4 years have passed but the order passed by the tribunal, has not yet been implemented by the State Government. 4. As far as Rajasthan Civil Service Appellate Tribunal, Jaipur is concerned, it is an adjudicating machinery without teeth as no machinery has been provided for the execution of the order passed by the tribunal. Often the party getting relief' from tribunal comes to this court with a prayer that the directions should be issued tinder Articles 226 and 227 of the Constitution of India, that the order passed by the Rajasthan Civil Service Appellate Tribunal, be implemented. It leads to the multiplicity of litigation. Adjudication of rights without providing machinery to see that the orders passed by the tribunal are implemented may result in grave and serious consequences and loss of money and time. The remedy provided under the Rajasthan Civil Services Appellate Tribunal, cannot be said to be efficacious and adequate remedy in such contingencies. 5. For this reason, I am of the view that the principle of alternative remedy may not apply in the cases which are amenable to the jurisdiction of the tribunal as the final order passed by the tribunal may not be implemented without the direction of this court. The prayer of alternative remedy as far as service appellate tribunal is concerned, cannot be accepted as the forum is without a teeth. 6. The respondents have not implemented the order (Annexure-1) passed by the tribunal on 31.5.1985. More than 4 years have elapsed and it is a case of negligence. Mr. Parihar, submits that the part of the order has been implemented. May it be so, a person who wears the shoes knows where the shoes pinches. The officer who was entrusted with the task of implementation of order dated 31.5.1985 might have failed to discharge his duties faithfully. It is not a case, where the State was aggrieved against the order as (no) steps have been taken for quashing the order. May it be so, a person who wears the shoes knows where the shoes pinches. The officer who was entrusted with the task of implementation of order dated 31.5.1985 might have failed to discharge his duties faithfully. It is not a case, where the State was aggrieved against the order as (no) steps have been taken for quashing the order. Thus, it shows than the State has accepted the order dated 31.5.1985, and the order cannot be implemented may be on account of gross negligence. The Chief Secretary, is directed to see that the order passed by the tribunal is implemented within 3 months from today. The petitioner shall get compensation and costs both as he had to rush to this court after getting the order in his favour on 31.5.1985. It is a case of mental agony and harassment to the petitioner. It is not necessary that the prejudice may be on account of malafide. For this reason, I hereby direct that the State Govt. should pay Rs. 5,000/- as costs to the petitioner on account of damages and costs of this W.P. This amount shall be paid within two months from today and failing which the petitioner shall also be entitled for the interest at the rate of Rs. 12 per-annum for damages. It is a case of gross negligence on the part of the respondents and the doctrine of accountability is there. The Chief Secretary, should determine the accountability of the officer concerned, who is negligent in the dis- charge of his duty. The amount of costs shall be recovered from the officer concerned, who is negligent and the State Exchequer will not suffer. The Chief Secretary is further directed to take disciplinary action against the officer who is negligent. 7. In the result, the writ petition is accepted and disposed-of as indicated above. 8. No order as to costs.Petition accepted. *******