JUDGMENT This is an unfortunate case where in spite of certain allotments made and money provided for the relief of some distressed persons, the same has not yet been complied with. According, this public interest litigation has been filed. The amount which was sanctioned for disbursement was Rs. 5.88,16,000.00 as would appear from the counter affidavit filed on 13.8.93. This writ petition was filed on 22.3.1993 and as far as our Rule stands, two copies were filed in the office of the Advocate General before the petition was filed in Court. Unfortunately, as recorded by our order dated 30.7.93 up to that time no counter affidavit was filed. Accordingly, we directed the respondent no. 2, Commissioner, Relief and Rehabilitation, Government of Bihar, to appear in court in person with the relevant records on 6.8.93. This matter could not be taken up before and it has been taken up today. So far as non-filing of counter affidavit is concerned, we think it is totally unfair and improper for the Government and its officers not to have taken proper steps for filing counter affidavit Certain explanation is sought to be put forward before us by N.K. Singh, who is present Commissioner-cum-Secretary, Relief and Rehabilitation, Department, Government of Bihar However, we direct him to put the same on affidavit, apart from the counter-affidavit which has already been affirmed by the Joint Secretary on his behalf and by the District Magistrate, Munger. This affidavit explaining why such counter affidavit was not filed earlier shall be affirmed by the Secretary-cum-Commissioner. Mr. Singh himself. We are constrained to observe that we have to take this step because we have found a serious situation regarding conduct of litigation by the State Government. In spite of filing of two copies of petition in the office of the Advocate General, before filing it in Court as required under the Rules, in many cases still no proper step is taken for giving instructions to the Government lawyer and from time to time they themselves make complaint. About two years back similar complaints were made by the two Additional Advocate Generals. About two years back similar complaints were made by the two Additional Advocate Generals. The situation has improved to some extent in the sense that in many cases where previously no action was taken for a long time, now action is being taken but still now in many cases no appropriate or prompt action is still being taken by different Government Offices, as a result of which the petitioners suffer and disposal of cases are delayed. The Government lawyers face a very embarrassing situation. We bring this matter to the attention of the highest authority of the State, namely, the Chief Minister through the Chief Secretary, so that, though much improvement is stated to have been made, this kind of situation where in spite of the department having received copy of the petitions, they do not give instructions to their Government lawyer for months and some time for years, is brought to an end. One of the manner in which this can be put to an end is, if the Secretary-cum-Commissioner of the Department concerned, brings to the notice of all concerned in the department and an District Magistrates and Superintendents of police see to it that all court matters or court orders or lawyer's letters are brought to the attention or the head of the department immediately after receipt of the same and that if there is any failure on their part, then appropriate action will be taken and in fact such appropriate action is taken when occasion arises. We are quite sure that if such action is taken against the negligent persons, this kind of situation will not arise. In this particular case, the Secretary-cum-Commissioner, Relief and Rehabilitation Department, is also directed to call for an explanation and take appropriate steps against the persons concerned who are responsible for such latches and negligence in the department, if such steps have not already been taken. The second part of our order is on the merits. Before going on the merits of the counter affidavit filed in this case in details, we may observe that admittedly a huge amount has been sanctioned and provided for. Out of that, certain amount has already been disbursed. So far as this petition is confined to the district of Munger. The second part of our order is on the merits. Before going on the merits of the counter affidavit filed in this case in details, we may observe that admittedly a huge amount has been sanctioned and provided for. Out of that, certain amount has already been disbursed. So far as this petition is confined to the district of Munger. We are told that the District Magistrate is the disbursing authority but the sanction in his favour by the Finance Department has expired in 1992 and he is not in a position to make any disbursement thereafter until and unless such sanction is made. The Secretary-cum-Commissioner has stated before us that after this matter was brought to his notice, he had sent the file to the Finance Department for its approval by way of extending the time, to enable the District Magistrate, Munger, to make such disbursement. We direct the Commissioner-cum-Secretary of the Finance Department to dispose of such file and give such sanction in favour of the District Magistrate, Munger, before the next date or hearing i.e. 7.9.1993. The, Secretary-cum-Commissioner Finance Department, is directed to send a copy of such sanction order in favour of the District Magistrate, Munger, through the Secretary-cum-Commissioner Relief and Rehabilitation Department. We make it quite clear that ultimately it would depend on the District Magistrate to make actual disbursement and it would be fop him to decide on merits and on the basis of the materials before him, as to who is entitled to what amount. We are not concerned with the same at this point. After receiving sanction the District Magistrate shall immediately proceed with the work of disbursement and he shall submit interim report before this court within a fortnight after receipt of such sanction as to the steps taken by him. For the time being and to ascertain whether such sanction by the Finance Department has been given or not this matter is adjourned to 7.9.93. In view of the order which we have passed the Secretary-cum-Commissioner, Finance Department, is also made a party-respondent in this writ petition. Let the cause letter to the writ petition be corrected accordingly. G. P. 1 shall also represent him.