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Jharkhand High Court · body

2012 DIGILAW 882 (JHR)

Saroj Kumar v. State of Jharkhand

2012-06-29

D.N.PATEL

body2012
Order 1. Learned counsel for the petitioner submitted that in pursance of the public advertisement, which is at Annexure1 to the memo of the petition, the petitioner has applied for the post of Village Level Worker for District-Lohardaga. The petitioner belongs to the General category. The petitioner has secured more marks than what is secured by last selected candidate in General category. The petitioner has secured 254 marks. It is further submitted by learned counsel for the petitioner that the respondents have published results of several districts and though the petitioner has applied for the District-Lohardaga, the petitioner's result has been published for District-Gumla. There is no vacancy for the aforesaid post in District-Gumla. Thus, the petitioner has not been selected. 2. Learned counsel for the petitioner further submitted that memo of the petition was served upon the Advocate General's office of the Jharkhand High Court on 5th April, 2012, till today, averments stated in the memo of the petition have not been controverted by the respondents and, hence, this writ petition may kindly be allowed and the respondents may be directed to appoint the petitioner as Village Level Worker for District-Lohardaga. Learned counsel for the petitioner also submitted that interlocutory application has been filed in this writ petition for keeping one post of Village Level Worker vacant for District-Lohardaga. 3. It is misfortune of the petitioner that despite the copy of the writ petition was served upon the Advocate General's office on 5th April, 2012 and despite a 2letter has been written by the Advocate General's office to the Secretary, Department of Agriculture and Sugarcane, Government of Jharkhand, Ranchi as well as to the Director, Department of Agriculture and Sugarcane, Government of Jharkhand, Ranchi as well as to the Deputy Commissioner, Lohardaga and to the Deputy Commissioner, Gumla, none of these officers has given any instruction to the learned counsel for the respondents. All these four officers are lethargic though they are party respondents in this writ petition. No care has been taken by them to file reply. 4. This Court has earlier directed to appoint two Nodal Officers in the Court with mobile and FAX machine. There are two Nodal Officers, appointed by the Government, for the litigations filed in the High Court of Jharkhand. They have got mobile as well as facilities of FAX machine. They have also got separate Peon. 4. This Court has earlier directed to appoint two Nodal Officers in the Court with mobile and FAX machine. There are two Nodal Officers, appointed by the Government, for the litigations filed in the High Court of Jharkhand. They have got mobile as well as facilities of FAX machine. They have also got separate Peon. Despite these facilities, the Government machinery is still lethargic. It appears that these officers are not taking any care of interest of the State of Jharkhand. 5. It is submitted by learned counsel for the respondents that after receiving copy of the petition, they are always informing the concerned high ranking officers, who are also party respondents. They are also writing their mobile numbers so that upon receipt of letter, immediately contact can be made. 6. The Central Government has formulated National Litigation Policy to reduce the pending cases, in various Courts of India under the National Legal Mission. Subclause A, B and C of Clause IV of the said policy read as under: “(A) Accepting that frequent adjournments are resorted to by government lawyers, unnecessary and frequent adjournments will be frowned upon and infractions dealt with seriously. (B) In fresh litigations where the Government is a defendant or a respondent in the first instance, a reasonable adjournment may be applied for, for obtaining instructions. However, it must be ensured that such instructions are made available and 3communicated before the next date of hearing. If instructions are not forthcoming, the matter must be reported to the Nodal Officer and if necessary to the Head of the Department. (C) In the appellate courts, if the paper books are complete, then adjournments must not be sought in routine course. The matter must be dealt with at the first hearing itself. In such cases, adjournments should be applied for only if a specific query from the court is required to be answered and for this, instructions have to be obtained. (D) .......................................... (E) ..........................................” (Emphasis supplied) The State of Jharkhand has adopted the National Litigation Policy with certain modifications and has published Jharkhand State Litigation Policy. Point no. 3 of Clause of IV of Jharkhand State Litigation Policy reads as under: “The State Government is also serious to adopt the process that the cases or the Counter Affidavits must be filed with all necessary and relevant documents. Point no. 3 of Clause of IV of Jharkhand State Litigation Policy reads as under: “The State Government is also serious to adopt the process that the cases or the Counter Affidavits must be filed with all necessary and relevant documents. If it is found that any such documents are not annexed and this entails adjournments, or if the court adversely comments on this, the matter will be enquired into by the Nodal Officer and reported to the Head of the Department for suitable action.” It has become a matter of routine in the State of Jharkhand by the Government officers that at least for few times whenever the matter is listed in the High Court, they are always seeking time to file affidavit. They are never ready on very first day. Normally, the writ petitions are coming on board after few weeks. This period ought to have been utilized by the Government machinery. Proper case management is required on the part of the State. In approximately 70% of total litigations in the High Court, State is a party. The matters are adjourned because of non-availability of instruction with the Government lawyers, who are appearing in the matters. 7. For a proper case management, the following method should have been adopted by the Government for immediate filing of the reply in the matters pending in the High Court: (a) No sooner did the writ petitions or the memo of any matter is received by the Advocate General's office of the State of Jharkhand, it should be entered into the register by the clerk of the Advocate General's office. (b) Immediately on the very same day or on next working day, a copy of the said memo of Writ Petition/L.P.A./bail application etc. should be handed over to the Nodal Officers, who are appointed by the State at the Advocate General's office. (c) Immediately upon receiving the memo of the Writ, L.P.A. etc. the Nodal Officers should inform the concerned officers of the State by FAX message as well as by telephonic message for preparation of the parawise remarks and to contact the concerned Government pleader. The telephone numbers of the concerned Government pleaders should also be communicated to the Government officers so that without any loss of time, the Government officers may contact the Government pleaders. The telephone numbers of the concerned Government pleaders should also be communicated to the Government officers so that without any loss of time, the Government officers may contact the Government pleaders. (d) It will be a duty of the Nodal Officers to immediately collect the parawise remarks from the concerned high ranking officer or the State and supply the same to the concerned Government pleader, who is appearing in the matter. (e) Thereafter affidavit, if necessary, will be prepared looking to the nature of the allegation and whenever draft of affidavit is prepared, it will be informed to the Nodal Officers by the Government lawyers. (f) Immediately, thereafter, the Nodal Officer will inform the concerned high ranking officer of the State to contact Government lawyer 5for filing of the affidavit. (g) It shall be a duty of the Nodal Officer to get appropriate number of copies of the affidavit and annexures. The Nodal Officer will get six copies of the counter affidavit as well as six copies of the annexures. (h) It shall be a duty of the Nodal Officer to see that the affidavit is filed well in advance, looking to the time granted by the Court. (i) It shall be a duty of the Advocate General's office to serve a copy of the affidavit or such other materials like interlocutory application etc. to the other side lawyer or his clerk. (j) Whenever any direction is given by the Court that any officer is to remain present with record, immediately, the Government lawyer will inform the Nodal Officer and, thereafter, it will be a duty of the Nodal Officer to convey the same by FAX message as well as by telephonic message to the concerned officer so that the officer of the State, who is well conversant with the facts of the case may remain present in the Court with necessary record. (k) I also request the Chief Secretary of the State to provide one more person to the Nodal Officer, who can operate the FAX machine as well as one more Peon to the Nodal Officer so that burden may be reduced of the Nodal Officers, who are appointed by the State. (l) I also request the State of Jharkhand to provide adequate space and facilities to these two Nodal Officers so that effectively and efficiently, the aforesaid duties may be performed by them. 8. (l) I also request the State of Jharkhand to provide adequate space and facilities to these two Nodal Officers so that effectively and efficiently, the aforesaid duties may be performed by them. 8. Learned counsel for the respondents, however argued out the case at length, but, he is still seeking time to file counter affidavit and get instruction. 9. Time, as prayed for, is granted. 10. If the counter affidavit is not filed on or before the next date of hearing, I hereby direct respondent no. 2 to remain personally present before this Court on the next date of hearing at 10:30 a.m. 11. The matter is adjourned to be listed on 2nd July, 2012. 12. Let a copy of this order be given to the Chief Secretary, State of Jharkhand, Ranchi initially by FAX message and, thereafter, by registered post with A/D, so as to inform to all the Secretaries of the State and at the district head quarters so as to percolate the knowledge of this order to the subordinate officers in vertical hierarchy. A copy of this order be also given to office of the Advocate General at the High Court of Jharkhand.