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LATEST NEWS UPDATES | High court slaps fine on chief secy

High court slaps fine on chief secy

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published Published on Jul 18, 2012   modified Modified on Jul 18, 2012
-The Telegraph

Ranchi: Jharkhand High Court today slapped fines of Rs 10,000 each on the state chief secretary and another official for failing to ensure a timely government affidavit, a nagging problem that plagues the judiciary and against which the court has spoken out earlier.

While hearing a public interest litigation filed by Md Ashique Ahmed on reorganisation of scheduled areas, a division bench of Chief Justice Prakash Tatia and Justice Jaya Roy said chief secretary S.K. Choudhary and welfare secretary Arun Ekka would have to pay the fines from their personal funds.

The bench issued the order after it was pointed out that the case was pending since 2010 and had been adjourned four times as the government had failed to file a reply to articulate its stand on redefining scheduled areas in Jharkhand.

The bench observed that despite being provided with several opportunities, the state government wasn’t filing an affidavit, thereby delaying matters and adding to the court’s burden.

Justice Tatia pointed out that government officials not filing affidavits despite a court order amounted to contempt.

The bench directed advocate-general Anil Kumar Sinha to furnish the status of all cases in which counter affidavits of the state were pending. Sinha immediately agreed to do so on priority.

In his PIL, Ahmed referred to the reorganisation of scheduled areas as per Union government guidelines and challenged the parameters adopted by the state government.

At present, 112 among 259 blocks are scheduled areas. The PIL said that blocks with a population of less than 50 per cent tribals and in some cases those without tribals had been declared scheduled areas.

In an order passed on June 29, Justice D.N. Patel had observed that it had become a matter of routine for government officials in Jharkhand to seek time to file affidavits whenever a case was listed. “They are never ready on the very first day. Normally, writ petitions come on board after a few weeks (after they are filed). This period ought to be utilised by the government machinery. Proper case management is required on the part of the state. The cases are adjourned because of non-availability of instruction with government lawyers,” the judge noted.

The Telegraph, 18 July, 2012, http://www.telegraphindia.com/1120718/jsp/frontpage/story_15741064.jsp#.UAYPBZEXVwc


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