Dear Sandeep, My gut feeling is that the Govt. departments, authorities and agencies do not simply want to work and therefore, the whole system of Administration is becoming court centered. This, in turn, takes years and leads to "Justice delayed is Justice denied". In case the concerned authority is seriously questioned by an individual in a particular case about their non-functioning the answer is something like " Go to court and take it." This is quite unfortunate that they are fully protected by the constitution and laws of the land for being non-functional and inefficient. As you are aware the non functioning breeds corruption and vice versa.
In my view unless and until there is a law to penalise them for their incompetence in proportion to the damage done at least partly from their pocket and remaining from the agenciy or dept. which he represents situation will not change. I hope you know that in 19th century British govt. paid compensation to a farmer for the loss caused by Flood due to wrong design and inefficient operation of a dam built by them. This was repeated in another case also. No body today can think of that. So many investigations and enquiry will not penalise a politician, a bureucrat, a technocrat for Kosi disaster where lives were lost in thousands. In my view the Govt dept. somehow should be made to work and not send files from one Table to another with a negative recommendation or meaningless remarks. Think of a law on these lines. Dr.V.N.Sharma 2008/10/31 Sandeep Jalan <[EMAIL PROTECTED]> In the backdrop of : > > > > *…. that many of the Court Orders, concerning matter of utmost > public importance, do not see light of the day. * > > * * > > *The State Organs either simply put the Orders in the Shelf or > come out with novel arguments for their failure in complying > with Court Orders. It is safe to say that the Sovereign State > with their Constitutional, Statutory and inherent powers, are > capable of complying with Court orders. Also, the Hon.Court > never compel the doing of an impossibility.* > > * * > > *Instances are not wanting where people are constrained to knock > the doors of Justice in cases where the issues which has > already caught the attention of the court, deliberated upon and > conclusive Orders has been passed but are not complied with. * > > * * > > *Had the Respondents acted diligently, reasonably and responsibly, > the Petitioners shall not have the occasion to knock the doors > of Justice.* > > * * > > *PLAIN CONSEQUENCES* > > * * > > - *The Judges are constrained to engage themselves in > unwarranted litigations resulting in contentious and meritous > issues fails to log the wisdom of the judges.* > - *We live in a time where millions of cases are pending in > various Courts where deserving litigants may be waiting for > their turn to obtain justice.* > - *The loss of precious time of the Court.* > - *The whole labour involved in Petitioning to deliberation > comes to none when Wisdom of the Judges, read Conclusive > Orders, do not see light of the day.* > > * * > > *Time and again even Courts has shown their inability to monitor > implementation of their own Orders. * > > * * > > *I seek to Propose—* > > * * > > *Every Public Authority i.e. Local bodies(Municipalities), All Central > Govt Ministries and State Govt. Ministries, all Govt or semi Govt Dept shall > update their Websites about details of directions given by Hon High Courts > and SC; and action taken in pursuant to those directions. This should > include all directions given by **Hon Court** under Article 226 and 32 of > Constitution of **India**. * > > * * > > *Readers are requested to give their valued suggestions. * > > * * > > *Thanks, * > *sandeep Jalan.* > *[BCom, LLB]* > > * * > > > > > > > > > -- Dr.V.N.Sharma http://canvas.nowpos.com/vnsharma
