Rakesh Tiwari - (1.) HEARD learned counsel for the petitioner and Sri Sandeep Mukherjee, learned standing counsel.
(2.) SRI Sandeep Mukherjee states that the Basic Shiksha Adhikari, Hamirpur (respondent No. 2) has already been informed by two faxes dated 19.2.2007 and 9.4.2007 which were received by the petitioner on 20.2.2007 and 10.4.2007 respectively that he has been directed by the Court to file counter affidavit by 27.4.2007 and in case counter affidavit is not filed by him by 27.4.2007 he shall be personally present in Court. It appears that neither counter affidavit has been filed by the Basic Shiksha Adhikari nor he appeared before the Court in pursuance of the order dated 9.4.2007. No authority can be permitted to undermine the direction of the Court otherwise it will erode public confidence in justice delivery system. Non-filing of counter affidavits which are necessary for resolving the controversy involved in the petition for which several opportunities have been granted to the respondent who is represented by the standing counsel amounts to creation of impediment and deliberate delay in dispensation of justice for ulterior motives. "Delay denies justice" is the watchword for the Courts and such attitude from the authorities cannot be tolerated who by the overt inactions cause justice to be denied. Judicial orders are meant to be obeyed and cannot be thwarted by such employees of the State as the petitioner with impunity, hence strong actions are called for in such case. Issue bailable warrants to the Basic Shiksha Adhikari, Hamirpur for securing his presence on 7.5.2007. He will also file his affidavit explaining his conduct as to why the aforesaid order of the Court is not being complied with by him. He will also file counter affidavit by the said date.
(3.) LIST this case on 7.5.2007.;