SUPREME COURT
X, J
State of Meghalaya and Others v. Subhasis Chakraborty and Others
Writ Petition (C) No. 1022 of 1989 | Civil Appeal No. 4101 of 2002
| Table of Content |
|---|
| 1. compliance and accountability in judicial benefits. (Para 1 , 2 , 11) |
| 2. timelines set for compliance reports. (Para 3 , 4 , 8) |
| 3. framework for further judicial discussions. (Para 5 , 6 , 12) |
1. In Item No. 121 - Office report regarding compliance with directions in IA No. 103 and lA Nos. 117, 128, 130 with 175, 134-38, 141 with IA No. 172 and 181, 144, 152 with 139 and 157, 167-68, 169 with 161, 177, 178, 179, 180 and lA No. 2 in IA No. 152 in Writ Petition (C) No. 1022 of 1989 By order dated 6-12-2005, the Union of India, the State Governments and the Union Territories were directed to implement the recommendations of the Shetty Commission in respect of the Assured Career Progression (ACP), medical facilities and domestic help allowance and file compliance report in this Court within eight weeks. None has filed the compliance report and none is in a position to explain the reasons thereof except learned counsel appearing for the State of Andhra Pradesh who states that ACP has already been given and the issue of payment of allowances is being examined which is likely to be completed within three weeks. Be that as it may, we grant last opportunity and direct the Union of India, the State Governments and the Union Territories to implement the recommendations as noted in the order dated 6-12-2005 and file compliance report, within six weeks from the receipt of the copy of this order, in the form of an affidavit to be filed by the Chief Secretary of the State Governments and the Union Territories and by the Secretary of the department concerned of the Union of India, failing which this Court will be left with no option but to direct the personal appearance of the Chief Secretaries and / or Secretary of the Union of India. IA No. 128
2. On 6-12-2005, the Registrar General of the High Court of Gauhati was directed to file affidavit within eight weeks. It is a matter of anguish that the High Court has neither filed the affidavit nor any instructions have been given to the counsel appearing for the High Court. Let the affidavit be now filed within four weeks on receipt of the copy of this order by the High Court.
3. IA No. 130
Though affidavit in terms of the order dated 6-12-2005 has not been filed by the State of Kerala but learned counsel appearing for the State states that government order dated 2-2-2006 has been issued implementing the recommendations of the Shetty Commission and prays for short adjournment to file the affidavit and place on record the said government order. Let that be done within two weeks.
4. The IA is adjourned.
5. IAs Nos. 167-68
In the reply filed by the State Government, a notification dated 20-12-2005 has been placed on record wherein the State has framed the Bihar Superior Judicial Service (Amendment) Rules, 2005. In view of the said notification, no further orders need be passed on these applications. They are disposed of as such. Liberty is, however, given to learned amicus curiae to seek further directions if it becomes necessary.
6. IANo. 179
Ms Kamini Jaiswal, learned counsel appearing for the Punjab and Haryana High Court, states that the Full Court meeting of the High Court considered the format as mentioned in para 4. 28 to para 4. 31 of Volume II of the Shetty Commission Report and was of the view that some portions of Part II and Part III may not be relevant for writing ACRs of the member of judiciary and that is the reason for filing the application seeking clarification. The recommendation of the Shetty Commission regarding format for recording ACRs, as contained in para 4. 28 to para 4. 31 of Volume II has been accepted. Para 4. 31 permits minor modifications. What is of importance is that the provision of self - assessment of the officer shall be adopted. Keeping in view the said objective, if any minor modifications are sought to be made by the High Court, there can be no objection thereto.
7. The IA is disposed of accordingly,
IAs Nos. 71 - A and 142 (Benefits to subordinate / su
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