NAGPUR: Expressing deep anguish and frustration over
Maharashtra government’s failure to reply on performance appraisal of government lawyers, the Nagpur bench of
Bombay High Court, on Monday, warned the chief secretary and Law and Judiciary Department’s principal secretary to remain personally present, if they failed to complete formalities by April 6.
While directing government pleader (GP) Sumant Deopujari to justify strength of 57 additional/assistant pleaders (AGPs) and public prosecutors (APPs) at his office, Justice Rohit Deo tersely observed that the taxpayers are entitled to know whether such big numbers were really needed as their salaries are paid through taxes. “If the government does not comply with order in letter and spirit, and its response is found wanting factually or legally, HC shall be compelled, albeit with great reluctance, to request the presence of chief and principal secretaries to assist it.”
While hearing a Balaji Kinhale’s criminal appeal (No 550/2003), he added that the observations, which the HC was impelled to make, were more in anguish and frustration than in anger. “The performance or lack thereof of AGPs and APPs is particularly painful since their individual legal acumen is beyond any doubt. The problem area is not potential or capability or acumen, it’s the absence of commitment and lack of will to burn the midnight oil.”
Justice Deo censured the government over abject failure to release AGP’s/APPs salaries since last eight to nine months, as reported by TOI on March 17. “Government’s inexplicable and persistent failure to ensure that the professional fees are paid in time, may indubitably be a de-motivating factor. Concededly, their fees have remained unpaid for months together. On HC’s request, senior counsel Sunil Manohar graciously consented to assist as amicus curiae on March 12 and several oral directives were issued that time.”
The judge added that it had put government on notice regarding the number of appointments of AGPs/APPs here, which prima facie is in excess. “The GP’s office in
Aurangabad with at least twice the number of filing, is reportedly functioning with 42 or thereabout AGPs/APPs. Deopujari was directed to justify the strength of 57 AGPs./APPs at Nagpur. The government was directed to disclose whether the strength at Aurangabad, Nagpur and principal (Mumbai) benches, is determined after due application of mind and adopting uniform and rational criteria.”
The government was told to place on record the nature and scope of exercise undertaken to determine the AGPs/APPs strength at respective benches. “Ultimately, if the strength is in excess, the effective functioning of GP’s office is hindered for reasons more than one.”
After GP Deopujari sought time to respond, HC questioned him on whether its oral observations and directives were brought to principal secretary’s notice. The GP however stated that he was not in a position to make a definite statement. “This court, assuming that its oral observations and directives, as a golden tradition, command equal respect and immediate consideration as any written order, didn’t pass a speaking order in last hearing,” justice Deo stated.
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