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1994 Supreme(SC) 451

SUPREME COURT OF INDIA
(BEFORE A.M. AHMADI AND YOOESHWAR DAYAL, JJ.)
(Record of Proceedings)
ALL INDIA JUDGES ASSOCIATION
Versus
UNION OF INDIA AND OTHERS.
I.A. No. 3 in R.P. (C) No. 423 of 1992 in W.P. (C) No. 1022 of 1989, decided on April 15, 1994
Advocates appeared
D.A. Dave, Ms Meenakshi Arora and Anip Sachthey, Advocates, for the Appellant; D.P. Gupta, Solicitor General (M/s S.N. Terdal, Ch. B.N. Babu and P. Parameswaran, Advocates, with him), for the Respondents.

Failure to provide necessary materials on the action taken to implement the court's direction within the specified time-frame led to the court's decision not to extend the time for compliance.

Headnote:

Court Direction - State Government - The court expressed dissatisfaction with the State Government's handling of the court's direction to provide accommodation to judicial officers. The State Government was directed to file an affidavit informing the court of the period within which the direction will be complied with.

Fact of the Case:

The court expressed dissatisfaction with the State Government's handling of the court's direction to provide accommodation to judicial officers.

Finding of the Court:

The court directed the Chief Secretary of the State to file an affidavit informing the court of the period within which the direction will be complied with.

Issues: State Government's compliance with court direction

Ratio Decidendi: The State Government's failure to provide necessary materials on the action taken to implement the court's direction within the specified time-frame led to the court's decision not to extend the time for compliance.

Final Decision: The Chief Secretary of the State was directed to file an affidavit informing the court of the period within which the direction will be complied with.

ORDER

1. We are far from satisfied about the manner in which the direction of this Court has been dealt with. It is not disclosed as to what effort was made by the State Government for providing accommodation to judicial officers in the State. Nothing has been mentioned in the affidavit filed by the Deputy Secretary of the Legal Department as to what steps were taken immediately after this Courts order to ensure implementation of its directions within the time-frame fixed by the Court. The statement in the affidavit to the effect"taking into consideration the instruction of the Supreme Court for direction of Judicial Officers quarters" (emphasis supplied) seems to convey that the State Government treats it as a mere instruction. Unless the necessary materials are placed before this Court as to what action the State Government took to implement the Courts direction within the time-frame, we cannot extend the time. We would, therefore, like the Chief Secretary of the State to file an affidavit in this behalf and to inform us of the period within which the direction will be complied with. Let a copy of this order be given to the State counsel for transmission to the Chief Secretary. 2. Let this IA come up on 9-5-1994.

Court Masters

For Citation : (1994) 4 SCC 727

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