Team TrickyScribe: In a sharp rebuke to General Prosecutor Madhaw Pd. Yadaw (GP 23), the Patna High Court expressed strong displeasure over his lack of preparedness during a hearing.
In the written order, Justice Bibek Chaudhary noted that the state advocate had wasted 40 minutes of judicial time without consulting the case brief or being aware of the facts.
The case, involving a petition against a Human Resources Development Department notification issued on December 4, 2010, was taken up at 10:35 AM but remained unresolved by 11:07 AM due to the advocate’s inefficiency.
Petitioner Denied Opportunity for Teacher Counseling
The petitioner challenged the department’s directive, alleging that inadequate notice was given for counseling sessions. A notice dated December 24, 2010, scheduled counseling for December 28, 2010, violating the stipulated five-day notice period. The petitioner argued they were unaware of the revised counseling date, resulting in respondents being appointed without fair competition.
Advocate Fails to Address Key Issues
Justice Chaudhary observed that GP 23 failed to provide any insights regarding the counter-affidavit submitted by the Block Development Officer. This lack of preparation not only disrupted the court’s proceedings but also hampered the petitioner’s right to justice.
Court Orders Advocate’s Replacement & Slaps Fine
Taking serious note of the inefficiency, Justice Chaudhary directed the Advocate General of Bihar to replace the general prosecutor immediately with someone competent to assist the court. Additionally, the state was fined ₹10,000 for wasting judicial resources.
Cost to Be Paid Before Next Hearing
The imposed fine is to be deposited with the Patna High Court Legal Services Committee before the next scheduled hearing on January 8, 2025. Justice Chaudhary emphasized that valuable judicial time should not be squandered due to unprepared advocates thereby underscoring the critical need for state representatives to come fully prepared, ensuring that judicial time is utilized efficiently and justice is served promptly.
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