In Reference High Court Of Chhattisgarh On Its Own Motion v. State Of Chhattisgarh
NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Writ Petition (PIL) No. 17 of 2017 In Reference High Court of Chhattisgarh on its own Motion (Matter Relating To Misleading The Collector By Tahsildar By Keeping Out Siders) ---- Petitioner
Versus
1. State Of Chhattisgarh Through Chief Secretary, Mahanadi Bhawan, Raipur, District Raipur, (Chhattisgarh)
2. Principal Secretary, Department Of Revenue, Govt. Of Chhattisgarh, Mahanadi Bhawan, Raipur, District Raipur, (Chhattisgarh)
3. Collector, Bilaspur, District Bilaspur, (Chhattisgarh)
4. Superintendent Of Police, Bilaspur, District Bilaspur, (Chhattisgarh)
5. Sub Divisional Magistrate, Bilaspur, District Bilaspur, (Chhattisgarh)
6. Tahsildar, Bilaspur, District Bilaspur, (Chhattisgarh)
7. Dainik Bhaskar, Bilaspur, Through Its Editor, Office At Gumber Complex, Opposite Old High Court Building, Bilaspur, (Chhattisgarh) ---- Respondents For Respondents/State : Shri A.S.Kachhwaha and Shri Y.S.Thakur, Additional Advocate Generals Hon'ble Shri Thottathil B. Radhakrishnan, Chief Justice Hon'ble Shri P Sam Koshy, J.
Judgment on Board Per Thottathil B. Radhakrishnan, Chief Justice 26/04/2017 1.
Read the order dated 08.02.2017.
2.
Today, we are told by the learned Additional Advocate General, Shri Thakur, that Shri Nutan Kumar Kanwar, referred to in that order has been shifted and attached to the office of the Collector, Bilaspur. We record the said submission.
3.
We have gone through the order dated 28.02.2017 in its entirety and are satisfied that in prasenti the directions contained therein are required to be effectuated completely in letter and spirit so that dubious elements who are wayfarers do not not squat in the corridors of power in this Nation, where the ultimate repository of the sovereign power is We, the People of India. This nation is conceived as a sovereign, socialist, secular, democratic republic. Democracy is the in-built guarantee for the republic to stand as a unit. The government servants are merely to serve. If they involve in activities which expose them to breach of duties and responsibilities including preservation of their own officers from being scouted by unauthorised and unlawful elements who have no authority to participate in the exercise of governmental functions; necessarily, the government servants who head such offices will have to be taken to task because it is a serious and inexcusable situation of supervisory lapse and control over office.
4.
For the aforesaid reasons, we reaffirm all the contents of the order dated 08.02.2017 issued in this writ petition and order this writ petition directing that the State Government and the Chief Secretary to the State Government shall forthwith issue requisite directions to ensure that the complaints noticed through this writ petition never occur anytime in any part of the State of Chhattisgarh.
5.
The writ petition is ordered accordingly.
Sd/- Sd/- (Thottathil B. Radhakrishnan) (P. Sam Koshy) CHIEF JUSTICE JUDGE Amit