One reason for the administration to make light of the orders and instructions of the High Court could be that the functionaries of various departments are not fully conversant with the powers of the High Court granted to it by the Constituting. If they were fully aware, perhaps they would not dare to become non-responsive to the court directives, and thereby, put the departments in an embarrassing situation. The High Court has pointed out that the Government departments fail to submit reply affidavit and compliance report in various PIL cases on time. There are large number of PIL cases pending with the High Court and in connection with their adjudication the Court asks for reply affidavits, compliance reports and action taken reports (ATR) etc. but the departments either fail to submit these documents or submit them just a day before the case is listed for hearing. The result is that in most cases the court judgment goes against the Government departments and thus they are put in an embarrassing situation. Even when the Court asks for physical presence of a Secretary or MD or any other senior officer, they do not show up and thus compelling the Court in passing judgment that does not go in their favour.
The Court authorities have told the government about irresponsible attitude of the Government departments. Even the chief Justice has expressed displeasure with this situation. It is tantamount to making light of the judiciary. As such, it becomes unavoidable for the General Administrative Department to issue a letter to all Commissioners/Secretaries, Head of the Departments, Divisional and District Commissioners and Deputy Commissioners and other senior officers directing them to ensure response to the Court orders in time.
It is regrettable that Legal Officers made available to the Departments are behaving in very irresponsible manner in this connection. It is their duty to respond to the orders of the Court if there is a reference. They are to advise the Departmental authorities what course of action they are supposed to take when query is made by the High Court or any other Court. They are supposed to be present in the Court on the day of listing the case for hearing. But actually they do not present themselves in the court and thus leave the cases for the Advocate General to take care of. Even Advocate General M.I. Qadri has sent a letter to the Chief Secretary bringing to his notice that in many cases the court verdicts go against the government just because the affidavits or compliance reports asked by the High Court are not sent in time by the concerned Departments against which PILs have been filed or send these very late which the High Court Registry does not entertain. He has emphasized that Legal Officers of corned Departments are defaulting in their duty.
The fresh directive issued by the GAD in this behalf is very clear about the responsibilities of Legal Officers who are supposed to be in liaison with the Advocate General in respect of cases pertaining to their departments. The GAD instructions are very clear saying that if a Department fails to submit the documents in time, the Legal Officer concerned with the Department will be held responsible. By fixing responsibility, there should be every possibility for the Departaament to respond to Court instructions as desired.
But the GAD should not feel complacent with the issuance of the directive to all top ranking officials including those of public organizations. Further, it seems not enough to hold only the Legal Officer responsible for delaying the submission of affidavits and compliance reports. After all many officials of a department are involved when reports of a particular nature or ATRs are demanded. The dealing officials cannot be absolved of their responsibility just because the Legal Officer has to bear the brunt. In fixing responsibility, the entire machinery has to be answerable. Nobody in the Department should think that he or she can escape responsibility. Nobody should think that the Court can be hoodwinked. The job of the Court is to dispense justice and justice has a system and a mechanism of establishing the facts. Therefore in final analysis, we would like to say that it is important for the civil administration in our State to cultivate the culture of shouldering responsibility and maintaining the supremacy of the law.
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