SUDHIR AGARWAL,J. - (1.) THE order impugned in the writ petition is dated 4th October, 1994 passed by District Judge, Agra. While allowing the appeal and remanding the matter to the authority below, District Judge directed that the authority shall have a glance of Supreme Court judgment and make it a part of record and thereafter pass order in the light of directions given by the Apex Court.
(2.) THIS Court really failed to understand what was the occasion for the petitioners to file the present writ petition instead of obtaining copy of the order of Supreme Court, which they claim to have been passed by it. The learned Standing Counsel in fact could not explain any reason or justification in filing this case. Faced with these circumstances, I intend to place on record my deep dissatisfaction in the manner, the officials in Law Department are functioning. Why this case was advised to be filed must have been scrutinised by Law Department. It appears they have passed order mechanically. Error of judgment can be excused but surrender or non-application of mind cannot. The Judicial Officers are sent on deputation to the Law Department of Government with an objective that they constitute an independent cadre, hence without being influenced by executive, shall advise it impartially, objectively and fairly. If this does not happen, the very purpose in sending Judicial Officers on deputation with Government will frustrate. On the one hand from regular work these officers are taken out and sent on deputation to work like a Consultant but if their advise and opinion is not independent and impartial, it shall loose its gravity and frustrate the purpose. The officials in the Law Department, therefore, have to work with great caution, care and independence.
(3.) IT is a matter of common knowledge that before the superior courts, like High Court and Supreme Court, State (Provincial or Central, as the case may be) is the biggest litigant. In fact in writ jurisdiction, almost in all the cases, State, in one or other manner, is a party.;