"Can't Let Govt Pleaders Be Compromised": Bombay High Court Issues Bailable Warrant Against Education Officer For Unresponsiveness In Service Matter

Taking strong exception to an education officer’s un-responsiveness towards a government pleader in an education matter, the Bombay High Court issued a bailable warrant against the Education Officer, Secondary, Zilla Parishad, Nashik. The court set the bail amount at Rs. 15,000 payable by the officer personally.

A division bench of Justices Gautam Patel and Neela Gokhale noted that the AGP had written several emails seeking instructions to file an affidavit in the matter but the officer failed to acknowledge the email, let alone respond.

“We refuse to tolerate this conduct from government servants…If we find this continues, we will proceed in contempt against such officers because this is a clearest possible interference with or obstruction to the administration of justice. We will also proceed to impose financial penalties in the form of fines recoverable from them personally for this continued disrespect to the Court and lack of cooperation to the AGPs.”

The petitioner’s case is that he was appointed as an assistant teacher in 1992 in a school run by the Samata Shikshan Prasarak Sanstha in Yeole, Nashik and wrongly removed by an oral direction. While he was reinstated in 1997 by the school tribunal, and the HC directed his appointment to be considered from 1992, his services were considered from 1997.

In the plea filed through Advocate Eknath Dhokale in 2021, the teacher claimed he is entitled to all the service benefits as an Assistant teacher, including all increments and benefits of seniority from 1992 onwards.

In July 2022, the court issued notice to all the respondents on his plea. When the matter came up for hearing on Wednesday, AGP VM Mali informed the court that he had sent several reminders to the education officer for taking instructions in the matter however it was in vain. The first email was written to the education officer on July 20, 2022, a reminder was sent in February, March and April this year but no response was received.

“We refuse to let the Additional Government Pleaders at our Bar or the Government Pleader’s office be compromised in this manner by serving employees of the State Government. It is not possible to accept that the AGP who appears or that the Government Pleader himself or his office can be continuously embarrassed before the Court. They have been seeking instructions since July 2022 and we are now in April 2023.”

Following these strong observations the HC issued a bailable warrant against the Education officer and threatened to issue a non-bailable warrant if he didn’t respond.

The warrant is returnable on April 25, 2023.

Case Title: Mahatarba alias Madhvkar Bhikaji Janrao vs State of Maharashtra [WP No. 371/2022]

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