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HC admits petition against additional advocate general
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Panaji bench of Bombay High Court today admitted a petition filed against
Mr Vilas Thali, the additional advocate general, even as the state government
has assured the High Court that it would be certainly looking into all the
aspects
so as to realign the entire functioning of the office of the additional
advocate
general of the state.
While admitting the petition filed by Mr J P D'Souza, the division bench
comprising Mr Justice P V Kakade and Mr Justice P V Hardas, in its oral order
on Monday observed: "In the meantime, in view of the facts and circumstances
revealed at this prima facie level and also in view of the admission on behalf
of the state, the post of additional advocate general is not a
constitutional post
as envisaged by Article 165 of the Constitution of India, and as such, the
facts
revealed to the court give rise to the anxiety and apprehension in our minds
regarding the manner in which the non-constitutional post is being equated
with the Constitutional post by the state government in relation to the
treatment
given and the facilities afforded to Mr Thali, in his capacity as additional
advocate general, including in respect of the vehicle, use of red light,
structure of payment of fees and availability of juniors at the cost of
public exchequer."
The petitioner has approached the court alleging that government was
causing loss
to the public exchequer by providing facilities to the additional advocate
general,
Mr Thali, which were not provided under law. Dealing with the circulars issued
by the government giving certain directions to additional advocate general,
the court observed that circular dated February 6, 2002 was very much intended
to streamline the administration of the office of the law officers in general.
However, what it shows was that complete go-by was given by the state
government to the constitutional functionary such as advocate general
while issuing certain directions and to that effect the said circular shall be
reconsidered.
The court also said: "Similarly, the state government would be well advised
to withhold the subsequent circulars dated April 2, 2002, and February 25,
2002
along with the circular dated November 29, 2001, so far as they sidetrack the
authority of the Advocate General."
While accepting the statement of the Advocate General of the state,
Mr A N S Nadkarni, that the bills regarding the payment of the fees to Mr
Thali
were withheld for the purpose of scrutiny, the court directed that such
scrutiny
shall also extend to the fees not only paid to Mr Thali, in this regard,
but also to his juniors in their official capacity.
"It is needless to mention that additional advocate general cannot act
as public prosecutor until and unless authorised by due notification
by the state government," the court observed further.
The state government also stated before the court that Mr Thali has stopped
the use of red light on his official vehicle in view of the clear prohibition
regarding the relevant aspects in notification issued by the state government.
The court also directed that the state government shall make available all
the files
and bills of fees, etc to the petitioner for relevant scrutiny in that regard.
The court said, the petitioner was at liberty to move the state government
in the meantime to make his representation regarding the aspects involved
in this petition so as to get necessary details for his purpose.
The matter will come up for next hearing after vacation.
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The Navhind Times 29/10/02 page 1
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Working On Issues Of Development & Democracy
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What's On In Goa:
* Oct 26-Oct 30: Painting exhibition, Kala Academy art gallery.
* Oct 28: Panjim Passport Office shifts to new EDC Complex premises.
* Oct 29-31: Sale of polytechnic trainees garments, Govt Polytech, Panjim
* Oct 29-31: Films on architect Le Corbusier, Goa Col. of Architecture
* Nov 1-17: Swimming classes for children, others. SAG pool, Fatorda
* Nov 1: Antonio Costa's painting exhibition, Fundacao Oriente 6.30pm
* Nov 4: Book release, on Dr Gama Pinto, Lourdes Convent Saligao
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