Rajasthan Assistant Public Prosecutor Association v. State of Rajasthan
2018-10-12
GOVERDHAN BARDHAR, MOHAMMAD RAFIQ
body2018
DigiLaw.ai
JUDGMENT Mohammad Rafiq, J. - This matter has remained pending before this court for last fourteen years. The issue pertains to obtaining adequate infrastructure for the offices of the Public Prosecutors and the Assistant Public Prosecutors in the entire State of Rajasthan. 2. This court has on various dates passed several orders in this regard. A detailed and comprehensive order in this respect was passed on 27.03.2015 directing the concerned authorities of the State Government to file an affidavit indicating the compliance on the directions, namely, (1) to start the process of filling up of the vacancies of the Assistant Public Prosecutors within the prescribed time, (2) to sanction the posts of staff for Assistant Public Prosecutors, so as to include at-least one clerk, one stenographer and a peon within the prescribed time, (3) to prepare a model plan for the districts in suitable categories for providing infrastructure, which will include an office room, waiting room, wash room witness room, a room for the staff, furniture, office equipment including computer, printer, stenographer and in major cities, at least two witness rooms with adequate facilities of sitting and water cooler and wash room and the State Government was directed to sanction the budget immediately without any delay after the preparation of the plan, for which two months' time was granted, and (4) to file an affidavit giving the reasons as to why the amount of Rs. 3.90 crores for training of Public Prosecutors in the 13th Finance Commission Grants could not be spent. When the matter was next listed on 16.04.2015, the court noted that there still remained at least about 40% vacancies unfilled in the State of Rajasthan. The Government was directed to take immediate steps for filling up of the vacancies through the RPSC and the RPSC was directed to advertise the vacancies. The court noted that only 12 offices of the Assistant Director (Prosecution) at District Headquarters, out of 35, have their own building and that new buildings are being constructed at Kota, Jodhpur and Tonk Headquarters, and announcements have been made for construction of buildings at Rajsamand, Nokha and Sujangarh and in that manner only 18 districts i.e. 50% districts will have the infrastructure for the offices of the Public Prosecutors.
The court was therefore at pains to observe that how, in the absence of any infrastructure, the doctors, experts and the police officers, who are summoned to give evidence, are accommodated and how the offices of the Public Prosecutors can function without proper and adequate infrastructure with them. Are those officers required to sit under the trees or in shades, waiting for their turn for being examined as a witness in a criminal case? The court also noted the grievance of the Assistant Public Prosecutors, whose present pay scale was equal to the pay scale of Sub Inspector, and invited attention of the court towards their demand of raising the grade pay to Rs. 4800/- as against the grade pay of Rs. 4200/- in the pay scale of Rs. 9300-34800 and according the direction was issued to the Director (Prosecution) to make immediate recommendations for improvement in the pay scale and for that purpose the State Government was directed to take an expeditious decision within the period of six months. 3. In between the matter was listed on several dates and on each date, the respondents were granted time to file compliance report and finally when the matter was listed before the court on 05.10.2016 attention of the court was invited towards the letter of the Director (Prosecution) requesting the High Court to direct all the District Judges for construction of the building and model plan for the offices of the Assistant Public Prosecutors. On 12.05.2017, the counsel for the High Court was required to place on record the plan submitted by all the District Judges. Thereafter, when the matter was listed before the court on 22.05.2017 the court required the State Government to look into the data supplied by the High Court. On 18.09.2017, it was agreed in the court that the court complexes may be worked upon one by one and in the first instance the court complex of Jaipur Metropolitan was picked up. In this connection the communication received from the District Judge, Jaipur, dated 19.09.2017 was noted by the court in its order dated 30.10.2017. On 16.04.2018 the court required the learned counsel appearing for the State to obtain positive instructions as to by what date requisite finances can be made available to provide laptops and libraries to 294 newly appointed Assistant Public Prosecutors.
On 16.04.2018 the court required the learned counsel appearing for the State to obtain positive instructions as to by what date requisite finances can be made available to provide laptops and libraries to 294 newly appointed Assistant Public Prosecutors. The court also noted that the recommendations of the seventh pay commission have been implemented in the State of Rajasthan and thus learned counsel for the State would inform by what date salary of the Public Prosecutors and Assistant Public Prosecutors in the State of Rajasthan can be revised. The report from the District Judge, Jaipur Metropolitan, regarding allocation of space to the Assistant Public Prosecutors in the building housing the courts of Jaipur Metropolitan was also called. It is in this sequence that the matter has come up before this court today. 4. In the background of various orders that have been passed, we require the Additional Chief Secretary to the Government, Home Department, Government of Rajasthan, Jaipur, to file a specific affidavit indicating the following:- 1. The total number of working Public Prosecutors and Assistant Public Prosecutors in the State of Rajasthan and the details of the vacancies, if any. 2. How many Public Prosecutors and Assistant Public Prosecutors have independent office premises for their functioning? 3. Whether there is sufficient availability of land for construction of the offices of the Public prosecutors and the Assistant Public Prosecutors in the concerned court premises or adjacent thereto at all the District Headquarters, Sub Divisional Headquarters and Tehsil Headquarters and, if not, whether such land has been allocated by the State Government after 27.03.2015, the date on which this court passed the comprehensive direction in regard to the accommodation and the infrastructure of their offices? 4. Whether any model plan for construction of the offices of the Public Prosecutors and Assistant Public Prosecutors in terms of the directions of this court dated 27.03.2015, was prepared and, if so, as to at how many places such buildings have already been constructed and what is the plan for construction of building at remaining places? 5. Whether each of the Public Prosecutors and the Assistant Public Prosecutors has been provided the requisite subordinate staff of at-least one clerk, one stenographer and a peon, as per the direction of this court dated 27.03.2015? 6.
5. Whether each of the Public Prosecutors and the Assistant Public Prosecutors has been provided the requisite subordinate staff of at-least one clerk, one stenographer and a peon, as per the direction of this court dated 27.03.2015? 6. Whether each of the Public Prosecutors and the Assistant Public Prosecutors has been provided with the libraries and laptops as per the budgetary allocation made by the 13th Finance Commission Grants or otherwise by the State Government? 7. Whether any module has been prepared for training of the Public Prosecutors and the Assistant Public Prosecutors and how often they are sent for the refresh course or in-service training? 8. Whether any decision has been taken by the State Government with regard to their demand of raising the grade pay to Rs. 4800/- as against the grade pay of Rs. 4200/- in the pay scale of Rs. 9300-34800, in terms of the order dated 16.04.2015? 5. The affidavit on the aforesaid lines shall be filed within six weeks. The matter to come up on the board on 27.11.2018 at the orders stage. 6. A copy of this order be provided to the learned Advocate General.