To, Date;
14.1.2016
The Acting Chief
Justice,
Punjab and
Haryana High Court, Chandigarh.
Sub; 1. RTI
Appeal Dt 6.6.05 against order of PIO No 929 Dt 29.5.15.
2. Administrative appeal Dt 6.6.05
against order of Registrar(J) Dt 22.4.15
Sir,
An
Assistant Registrar once told me; “Sir, Our lives are no different than
animals. Animals also have food and shelter, they also bear children and they also
die when their time comes. Only thing which distinguishes us from animals is
having principals in Life. For the fear of losing jobs, our life has become
like that of animals, we are afraid to speak truth. You are the only one I have
come across who is standing up for truth and law.”
Is it imposible
for public servants to live by morals and principals? I think not. Roxna
Swamy, recalled in an e-mail that "in the
early 50s an American journalist interviewing Nehru expressed a desire to see
the floods in Bihar from the air. Nehru, always with an eye for a comely white
woman, assured her he would make her wish come true. Accordingly, he
ordered the Defence Ministry to make a plane available to the lady. The file
came to my father, a joint secretary, with a proper respect for the nation's
property... A stickler for rules, my father turned down the oral requirement of
the PM. An indignant Nehru hauled up my father's superior, H.M. Patel, and
demanded to know who had the temerity to disobey him. He ordered the errant
officer to be hauled up before him... My father presented himself before Nehru,
who gave him a long lecture on India and freedom and the need for sacrifice for
the country and demanded that my father sign the requisition.
"'Give
to me in writing', said my father. Whereupon Nehru treated him to further abuse
of which the least offensive was that he was 'a hidebound bureaucrat'. More
abuse followed but Nehru did not give the requisition in writing. The American
lady was disappointed... My father was sent to the boondocks with a reputation
for being difficult..."
Her
father, the late J.D. Kapadia, was an ICS officer, who had served as the
collector of Mumbai and Ahmedabad in the 1950s. Though senior-most, he was
denied the post of Chief Secretary of the state of Gujarat because of his
deserved reputation for being a stickler for rules. He took premature
retirement and pursued his academic interests till his death.
The
moral of the story to convey is simple. These days when asked to bend,
Registrars begin to crawl. All for private gains. This should stop if the dignity
of Judiciary is to improve. Registrars are backbone of Judiciary.
Now coming
to the matter in question, both the above appeals are pending since long. If
one was not to decide RTI appeal than the same could have been sent to
concerned person. The appeal was filed with H’ Chief Justice as Registrar Admn
being subordinate to J Surya kant would crawl rather than give documents
concerning Controversial J Suryakant and there are a whole bundles of controversial
documents about him.
Matter comes under
administrative review / appeal since as per information given later by PIO high
Court vide his letter No 1411 DT 19.8.2015. Correspondence by Judges and orders
of judges on administrative side on judicial file are judicial records copies
of which are available to strangers on judicial side under rule ii) and iii) of
Vol 5, Ch V-B.
You are requested to take an early
decision to grant certified copy of judicial records i.e. letter Dt 6.5.2005 by Chief Justice (retd) BK Roy to Chief Justice D K
Jain of this court and order Dt 6.5.05 of Chief Justice D K Jain thereon. Vide letter
Dt 6.5.2005, Chief Justice (retd) B K Roy has made complaint against J
Suryakant for fabrication judicial orders of this court. It says that an order
which he had passed jointly with Justice Surya kant was suo moto changed by
later at a later date which is ante dated as it was not there on the file when
order was pronounced in court. Firstly writ was allowed and by changed order by
J Surya kant the writ was held not maintainable. (Copy enclosed).
In
service of nation,
KD
Aggarwal
