K. J. VAIDYA, J. ( 1 ) THE state of Gujarat by this Criminal Misc. Application under Sec. 5 of the Limitation Act, 1963 has moved this Court praying for condoning the delay of 47 days in filing the appeal. ( 2 ) ON going through the delay condonation application, it appears that the impugned judgment and order of acquittal was passed on 1. 10. 1993 and the learned APP in charge of the case without wasting any further time applied for the certified copy of the same on the very same day, i. e. on 1. 10. 1993. This per se speaks firstly about the efficiency and sense of the responsibility of learned PP and secondly about the fact that the State was keen to challenge the acquittal order right from the moment it was passed by filing appeal. This copy was ready for delivery on 6. 10. 1993 and was obtained immediately on next day ie. , on 7. 10. 1993. Thereafter, it also further appears that the learned APP routinely forwarded his proposal for filing appeal along with the certified copy of impugned judgment and order of acquittal to the District Magistrate. Mehsana by his letter dated 15. 10. 1993. Thereafter, after about three-and-a-half months the District Magistrate, by his letter dated 8. 2. 1994, pushed ahead this proposal to the Deputy Secretary, Legal department, Gandhinagar !! This was received by the Registry of Legal Department on 11. 2. 1994 and placed before the concerned branch on 14. 2. 1994 which in turn placed the same before the concerned Deputy Secretary on 15. 2. 1994 who in his turn further passed on the said proposal to the Secretary, Legal Department, for taking appropriate decision. The Secretary, Legal Department took the decision to file acquittal appeal in the High court on the same day, i. e. 19. 2. 1994. Accordingly, on 19. 2. 1994 itself G. R. to file an acquittal appeal was issued to the office of the Public Prosecutor, High Court which was received by the said officer on 19. 2. 1994 after office hours. 20. 2. 1994 being Sunday, the appeal was ultimately filed in this Court on 21. 2. 1994. ie. to say in all beyond time by 47 days. In support of this delay condonation application, Mr. G. P. Rathod, Assistant, Legal department, Sachivalaya, Gandhinagar; Mr. 2. 1994 after office hours. 20. 2. 1994 being Sunday, the appeal was ultimately filed in this Court on 21. 2. 1994. ie. to say in all beyond time by 47 days. In support of this delay condonation application, Mr. G. P. Rathod, Assistant, Legal department, Sachivalaya, Gandhinagar; Mr. Rajiv Kumar Gupta, the then District magistrate, Mehsana and Mr. A. K. Sharma, at present Collector and District Magistrate, mehsana, have filed their affidavits explaining away the facts and circumstances under which the delay in question came to take place at their respective levels. ( 3 ) PERUSED the affidavit filed by Shri Rajivkuamr Gupta. Undoubtedly, the major part of delay in filing appeal has taken place in his office. In this regard his explanation in substance is to the effect that as a Collector and the District Magistrate, he has to perform very many important duties such as (1) maintenance of the law and order ; (2) Revenue functions ; (3) Development functions; (4) Co-ordination with various Departments oi state Government; (5) Magisterial quasi judicial functions ; (6) Protocol functions; (7) management of natural calamity; (8) Resource mobilization under various schemes of the government Act, and (9) such other important duties that may from time to time arise and assigned, and it is only because of these hard pressing duties and consequent paucity ol time that despite his best intentions, he could not manage to attend the acquittal proposa in question in time to be cleared through for its onward transmission to the lega department for appropriate decision. ( 4 ) WE quite appreciate and understand the heavy responsibility and its shadowin onerous duties of the Collector who is the Head of the District. We can also further understand the continued pressure upon him of his administrative duties and therefore be for some device, Collector/s, District Magistrate will always remain and reel under the acute pressure of work and accordingly in a given case obviously and may be even inadvertently enough be prone to commit, some serious default/s in efficient discharge of his duties where he can as well be certainly held accountable till some probable and reasonable explanation comes from him regarding the alleged default/delay committed by him. Accordingly, it is with this anxiety and a view to see that some such things as is happened in the instant case do not happen in future delaying the cause of justice and for that purpose any other important public work and further Mr. Gupta and/or once again for that purpose even any other person as a Collector and District Magistrate henceforth in properly guided and facilitated to give good, better, best account of his/their duties even under the tremendous pressure of work and still further with a view to see that the office of the Collector and District Magistrate also exhibit transparency, efficiency and accountability in discharge of its duty, some intelligent way is required to be devised, and thrown light upon. ( 5 ) WE believe that in a democratic set-up both the executive and the judiciary have certain well defined, distinct and recognized roles, duties to be performed. Till the time we come across cases of utter remissness, we have indeed no reason to doubt that most of all are indeed quite keen to perform their respective duties in the best possible manner. Still however, it cannot be gainsaid that sometime some officers do miserably fail to discharge the said duties quite efficiently on different counts because of some inadvertence, little indiscreet and not uptodate way of handling the management problems. We must precisely know and understand and understand it quite distinctly that ours is a democratic Government, meaning thereby "the Government of the people, and not off the people, for the people and not far the people and by the people and not buy the people". , meaning thereby be it Legislature, Executive or Judiciary all these components of the State exist for and on behalf of the people. Its members public servants draw their respective salary, pensions and all incidental benefits from the public-exchequer filed with honest tax payers money. Let us therefore further clearly understand that we all are public servants and not the indiscreet public master. Thus, all the public servants are under moral and legal obligations and accordingly, have to work as peoples humble servant who are their bread-givers/pay-master also. In this view of the matter, the people for whom they are taken in service as a public servant have some legitimate expectations from them also. Thus, all the public servants are under moral and legal obligations and accordingly, have to work as peoples humble servant who are their bread-givers/pay-master also. In this view of the matter, the people for whom they are taken in service as a public servant have some legitimate expectations from them also. These legitimate expectations are that public servant should be - (i) upright honest and humble, (ii) sincere, (iii) hard-working, (iv) conscientious, (v) efficient, (vi) accountable, (vii) transparent and (viii) last but not the least public oriented with their heart burning zeal and zest for the public cause, public good. Rather in substance at times and for all the time committed to the cause of peoples well being at all risks and costs. The degree and extent of all these eight characteristics of the public servant ultimately determines the nature and certifies the quality of the Government in service of the people to do the maximum goods to the maximum people. ( 6 ) IN fact only upon the above listed characteristics, the character and service record of the public servants should be assessed and maintained. Accordingly, turning to the much needed public orientation and efficiency in the office of District Magistrate and collector office, in our opinion, for all the above enlisted 8 important duties, in the first instance, there should be 8 subordinate efficient officers and for that purpose if there are more than 8 counts of duties than as many number of them ought to be separately and specifically entrusted with that particular work. Thereafter, in the second instance, at least once every week, moment the collector enters his chamber, he must first of all call those concerned sub-ordinate officers entrusted with the specific duties and take the latest stock of the situation by inquiring form each one of them as to how many matters were there pending which required urgent attention and immediate disposal. In the third instance, the concerned officers should priority-wise be at once ready to point out the same, and accordingly it is the duty of the said subordinate officer to point out such important matters which require his immediate attention/opinion required to be forwarded to the legal Department or any other concerned Secretary. In the fourth instance, the concerned officer shall in turn maintain priority- wise files in turn holding each one of his subordinate accountable for the same. In the fourth instance, the concerned officer shall in turn maintain priority- wise files in turn holding each one of his subordinate accountable for the same. Moment the attention of the District Magistrate is drawn to such important mattes, he will be in a position to at once attend the same and do the needful in the matter without any unnecessary lapse or wastage of public time. In this regard, moment some serious remissness comes to the notices of District magistrate/collector, depending upon the facts and circumstances of that particular case, he shall take appropriate action ultimately having the deterrent effect on deafulters. This will surely enhance efficiency of the office, making subordinate active in discharge of their duties. What is observed here is also, applicable to all the heads of departments. ( 7 ) IN this regard, it is heartening to note that on request being made to submit some useful suggestions to improve the quality of work in office of the D. M. and collector, Mr. Rajiv Kumar Gupta has also made some further useful suggestions which we are indeed "quite glad to reproduce here in the overall interest of better public administration which we are sure that State Government will take into active consideration over and above the suggestion made by us. According to Mr. Rajiv Kumar Gupta :. "7. 1 Almost every District Magistrates office has a National Information centre outfit with a MES (Master Earth Station) facility. It is managed by some staff headed by a District Information Officer. Accordingly, it is recommended that a gainful use be made of this facility to prepare a software package which would help the District Magistrates to perform their regular duties more efficiently and effectively. It should contain the following materials: (a) Cases under Secs. 107, 109, 110, 133 and 151 of the Criminal Procedure code, 1973 pending with Mamlatdars/taluka Executive Magistrates and Sub divisional Magistrates. Number of cases, time of pendency, disposal in a fortnight, result of disposal, etc. etc. (b) Applications under Arms Act pending with Mamlatdars/ Sub- Divisional magistrates/district Magistrates office. Number of cases, time of pendency, disposal in a fortnight, result of disposal. (c) Similar details could be worked out in matter of passing detention orders under the Prevention of Anti-social Activities Act, Prevention of Black marketing Act, etc. etc. etc. (b) Applications under Arms Act pending with Mamlatdars/ Sub- Divisional magistrates/district Magistrates office. Number of cases, time of pendency, disposal in a fortnight, result of disposal. (c) Similar details could be worked out in matter of passing detention orders under the Prevention of Anti-social Activities Act, Prevention of Black marketing Act, etc. etc. carried out by District Magistrates office and externment cases under Bombay Police Act being conducted by Sub divisional Magistrates. 7. 2 A very routine and lackadaisical review of magisterial cases can be done in the monthly law and order meetings held under the chairmanship of District magistrates which is attended, inter alia, by District Superintendent of Police, dy. Sps and Sub -. Divisional Magistrates. It is recommended that all the issues including the criminal matters which have legal bearing, should be discussed in detail and a system of fixing a responsibility of field officers to be conducted in all districts, in case there are details in conducting/processing/disposing of any cases. 7. 3 The Addl. District Magistrate (also known as Resident Dy. Collector) should be made fully responsible for bringing to District Magistrates notice all time bound legal matters, if the latter is busy in any law and order situation or any other contigency like flood, drought etc. Thus, the Government should do by way of a special circular to be issued to all the Resident Dy. Collectors in the State. 7. 4 That the District Magistrates have to perform certain Revenue, Civil supplies and Protocol functions in addition to magisterial duties and other crisis management functions. However, a methodical approach by way of planning, organizing, implementing and monitoring as suggested above could also be adopted for revenue and other functions; which would forestall any delay in time bound legal matters. " ( 8 ) MR. Gupta has also submitted the following specimen of monthly Monitoring chart: Monthly Monitoring Chart Type of case Officers with whom cases are pending Disposal of Remarks Mamlatdar-SDM ADM DSP Dy. SP PO Total cases during last month. 1 Crpc 107 109 110 116 133 2 Bombay Police Act 3 PASA 4 Arms Act 5 Explosives Act 6 Prevention of Blac Marketing Act 7 Other Acts 8. 1 To the above list, we may add court matters before (i) JMFC. SP PO Total cases during last month. 1 Crpc 107 109 110 116 133 2 Bombay Police Act 3 PASA 4 Arms Act 5 Explosives Act 6 Prevention of Blac Marketing Act 7 Other Acts 8. 1 To the above list, we may add court matters before (i) JMFC. (ii) Civil Judge (J. D.) and/or (S. D.), (iii) District and Sessions Court, (iv) Revenue Tribunal, (v) Special secretary, (vi) Charity Commissioner, (vii) High Court and (viii) the Supreme Court. ( 9 ) AT this stage also, the District Magistrate certainly cannot afford not to realize that as to what is required to be urgently attended to is accordingly in fact attended to by immediately directing his personal secretary to follow-up those matters and obtain his signature and forward the communication for the onward transmission. This last step is equally rather more important to be taken proper care of. If this device is scrupulously followed in letter and spirit then even if under the pressure of work, the Collector/district magistrate will be able to attend all such important works quite promptly, which will make to great extent the public administration transparent and accountable adding to its overall efficiency which is very much needed these days where it is alleged to have become sluggish because of negligence and red-tappism and political intervention ! The young IAS officers are indeed doing their best. Well planned and organized administration is the key to the efficiency of public administration and accordingly a master-key to remedy complex public problems and of ultimate success. The private employers are quite keen for their best management to steal name and successfully progress ahead and faster than their rival. Now likewise private employers, if each one head of the department in Government, with same zest and efficiencyy undertake their call of the public duty. If indeed same to the manner of enthusiasm and activism of the government, the public service is undertaken, then the Government will have a better management for the maximum good for the maximum people which is always advisable. ( 10 ) WHAT is expressed herein above indeed very much applied to the Administration of Justice also. If indeed same to the manner of enthusiasm and activism of the government, the public service is undertaken, then the Government will have a better management for the maximum good for the maximum people which is always advisable. ( 10 ) WHAT is expressed herein above indeed very much applied to the Administration of Justice also. Accordingly, if the Registrars, Office Superintendents of Courts and others likewise as suggested above keep constant eye on day to day urgent work by making its subordinate accountable for the same, its efficiency will also increase by leaps and bounds to the greatest satisfaction of the consumers of justice, which should be the first concern for all of us. ( 11 ) THIS Court in. some of its previous decisions has already strongly deprecated the practice of forwarding proposal for acquittal appeal through the office of the District magistrate and accordingly the Id. PP in charge of the cases already stand directed to straightway send their proposals to the Secretary, Legal Department which is ultimate decision-taking authority. Therefore, whatever observations and suggestions are made herein above are incidentally and ultimately for the purpose of improving general public administration at District level of the State as the acquittal proposals to be routed through the office of the District Magistrate is out of question. ( 12 ) THIS takes us to the facts and circumstances of the case as to why delay of 47 days requires to be condoned ?? In this regard, it may be stated that the present appeal is directed against the impugned judgment and order dated 5. 10. 1993 rendered in Special atrocity Case No. 78 of 1983 wherein the respondent Rabari Havabhai Mohanbhai and three others who came to be tried for the alleged offences under Sec. 3 (1) (x) of the scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1985 and Secs. 504, 506 (2) of the Indian Penal Code, were at the end of the trial, ordered to be acquitted. The offences under the Atrocities Act, Special Act taking special care of scheduled Castes and Scheduled Tribes are too serious offences to be lightly countenanced and accordingly on mere ground of delay of 47 days not to entertain acquittal appeal on merit, and that too because of totally impersonal attitudes of some public servants would be surely too harsh and unjust to the downtrodden class. In this view of the matter, delay requires to be condoned so that the acquittal appeal is heard and decided on merits. ( 13 ) TURNING to the delay condonation, in view of the decision of this Court rendered in the case of State of Gujarat vs. Ramesh Laxman Chauhan, reported in 1994 (2) GLR 1577 , and the Subsequent decision of this Court (Coram : K. J. Vaidya and M. H. Kadri, JJ.) rendered in Misc. Criminal Application No. 637/96, in Criminal Appeal No. 605/95, decided on 23. 2. 1996, which now stands duly fortified by the decisions of the Supreme court in the case of (1) L. Naik Mahabir Singh vs. Chief of Army Staff, reported in 1990 scc (Cri.), 625 and (2) State of Haryana vs. Chandra Mani and Ors. reported in JT 1996 (3) SC 371, we do not deem it necessary to issue Rule. We have perused the application. In our opinion, sufficient cause is shown to condone the delay. Hence the delay in question of 47 days in filing the appeal is condoned. This application stands disposed of accordingly. ( 14 ) THE Registrar is directed to forward the copy of this judgment to (1) Chief secretary, Government of Gujarat (2) Secretary, General Administration, and (3) secretary, Legal Department, Sachivalaya, Gandhinagar for information and necessary action as indicated in the judgment. .