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