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Follow Article-224 & 224(A) of the Constitution to reduce backlog of court cases
There are thousands of cases in the Patna High Court pending disposal for decades. Even the writ petitions under the epithet “admitted for hearing” have no takers. Under this category of cases that are legally strong and have been decided in favor of ordinary litigants by lower judiciary await hearing for 10 years or even more. These are the cases which involve mighty bureaucrats, politicians, constitutional post-holders and influential people as respondents and who have broken laws with a sense of assured impunity.
If an analysis of the cases under “admitted for hearing” is carried out the most shocking revelation will be the element of arbitrariness, selectiveness, partiality and favoritism. Cases of similar footing have been disposed of at the admission stage itself.
I recall a particular case of one Gupteshwar Mishra vrs Union of India which is pending under “admitted for hearing” since 2010. In this case Patna CAT in its well reasoned decision had ordered for his reinstatement with full wages,after 7 years of prolonged litigation. He offered his joining that was never accepted. About after a year the respondent officers challenged it before the High Court. The D.B. in a controversial order admitted the writ for hearing stating therein that his reinstatement etc. will be subject to final disposal of the case. Mishra who had lost his fortune on the litigation was shocked by the terrible phrase “admitted for hearing” he knew the case would not be taken up in years to come and died of brain hemorrhage. His widow is not being paid even family pension. His children are a ruined lot. When she contacts officers they express helplessness by saying that the matter is subjudice. Disciplinary rules say that the proceeding will abate in the event of delinquent’s death. Moreover now there is no question of Reinstatement, a ghost cannot join duty. The legal advisors of CAG office misinterpret the order. Now where is Article 21 of the Constitution? Where is the fundamental right to live with dignity? The corrupt Accountant General being a very influential errant respondent is having the last laugh. Because nothing will happen to him as he would retire by the time case (though unlikely) is disposed of by fluke.
Now the point is how a judge having galore of complaints of misconduct against him is promoted.Such appointments must undergo most stringent scrutiny otherwise the system will stand where truth will always not prevail.