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ACJ expresses displeasure over functioning of Govt Depts in handling litigation
12/9/2020 11:09:01 PM
EARLY TIMES REPORT

JAMMU, Dec 9 : Acting Chief Justice Rajesh Bindal of J&K High Court expressed displeasure over functioning of Government Departments in handling litigation.
Acting Chief Justice Bindal expressed displeasure while dismissing petition of M/s National India Construction Company challenging the rejection of the bid submitted by the petitioner during technical evaluation thereof. The bid was submitted in pursuance to e-NIT No. CEJ/PMGSY/503 of 2017-18 dated 10.02.2018 for the construction work of road from L044 - Khourgali to Radnote, Package No. JK14-519, Regular PMGSY (Batch-1, 2017-18), Stage-I, Block Pancheri, District Udhampur, Acting Chief Justice Rajesh Bindal observed that this court is once again constrained to comment on the working of offices in Jammu & Kashmir, as to how lightly the litigation is taken.
The result of this casualness is causing huge loss to the public exchequer. The casualness is not limited to the department in question but there is hardly any difference in working of all the departments. Less said is better.
Acting Chief Justice observed that in the case in hand and what is seen in other cases filed against the government in this court, replies/objections are not filed in some cases even for a decade. It is not limited to main petitions but even in contempt petitions, compliance report is not filed for long time.
High Court further observed that it is a case in which the project for creation of infrastructure in Union Territory of Jammu & Kashmir had been put on hold, on account of interim stay granted by this Court on 17.04.2018. As usual the department was sleeping over the matter. They did not even take care to file objections immediately after receipt of notice.
Court further observed that despite this order the official respondents continued sleeping over the matter for more than one year and objections were not filed to the writ petition.
To wake them up, they had to be scolded.
Acting Chief Justice Bindal further said that all the government employees are trustees of the public money and time has come that people can ask them to be accountable for not using the same properly or wasting the same. The way of working and attitude of shirking responsibility will not change unless the people at the helm of affairs are held accountable for their actions and inactions, of course bonafides are always seen.
High Court said that the issues need deep examination and directed the Chief Secretary, Government of Jammu & Kashmir to refer some cases for test audit to the Central Road Research Institute, New Delhi for quality of the works being executed here.
Estimated cost of project calculated by the department should also be gone into by the Institute.
Besides this, any other related matter can also be referred by the Chief Secretary to the Institute.
Idea being to bring transparency in the system and create better infrastructure. (JNF)
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