CAG - have a feel of your own deptt., C.J should also ponder
Today mediocrity has set in the higher judiciary. We seldom find today the classic masterpieces laid down by erudite judges of the yore. Therefore there is an urgent need to pool in best talents of the country for appointment as judges to higher courts through public advertisement. It is very unfortunate that the judges are appointed in a closed circuited manner violating Article-14 of the Constitution. Corruption & pairvi (influences from peer or caste group) are the other bane which today has acquired the monstrous proportion. Another tactic is to delay a matter which is legally strong enough and which is bound to affect the wrongdoing senior officers. In such a situation the judges would “admit the matter for hearing” an euphemism for sending the matter to cold storage and it would perhaps never see the light of the day. This is happening in the High court also. Recently I came across a case of dismissal of an employee Gupteshwar Mishra during tenure of Accountant general R.K Verma. The CAT gave a very sound judgment setting aside his dismissal after a very long time. He submitted his joining immediately. The Accountant General Shri Dhariwal and Shri Nivasan the Principal Legal Advisor of the CAG office challenged the judgment after about a year in the Patna High Court and the high court “admitted the matter for hearing” without questioning the delay in filing the appeal. The court further ruled that Mishra’s reinstatement etc. will be subject to final decisions of the court. Now about 3 years have elapsed; only God knows when the “admitted for hearing” matter will be finally disposed off. In the meantime Mishra died a disillusioned man without being paid a penny of a brain hemorrhage. His widow and children are now reduced to penury and destitution. This is a set course of action when a government agency is a party. The corrupt-errant bureaucrat goes away with a sardonic laugh at the system. Now where is Article 14 & 21 of the constitution? Therefore the C.J should take measures to dispose of all such cases under the category “admitted for hearing”. Because justice delayed is certainly justice denied. Would the CAG of India who has won laurels for exposing corruption in various government departments will fathom corruption within? Will the corrupt manipulators of the Indian Audit & Accounts Department ever be punished?
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