NIRANJAN PANDHI vs District Magistrate

COMPLAINANT is an advocate enrolled in State Bar Council in the year 1976 and was ordinarily carrying on his profession in Berhampur Courts. He was appointed as Assistant Public Prosecutor by State Government in Law Department, letter No. 17730/ L dated 20.10.87 on a daily fee of Rs. 50/- since then was prosecuting cases in different Courts allotted to him. Lastly he was allotted conduct cases in Court of Additional Chief Judicial Magistrate, Berhampur till 30.11.1990. At that stage Sri K.B. Panigrahi was appointed as Assistant Public Prosecutor on 27.11.1990 by the Collector. Requesting for clarification regarding handling overcharge, when he did not receive any reply complainant relinquished his charge. Since COMPLAINANT has not received remuneration to Rs. 10,250/-, this complaint has been filed for direction pay the amount due with compensation of Rs. 1,10,250/-.

DESPITE valid service of notice case has not been stated by the Opposite Party. Instead, Additional District Magistrate has addressed a letter to the Commission on 25.5.92 that copies of the annexures to the petition have not been received, as a result of which counter could not be filed. When the matter was listed for hearing in Berhampur Circuit the fact was intimated to both parties. Opposite Party did not enter appearance. A registered notice was sent by complainant to the Collector on 9.4.91 for payment of his dues. Despite the same complainant was not paid his fees from January to November, 1990. Complainant continued to discharge his duty of the Assistant Public Prosecutor till 2nd week of December, 1990 in absence any letter of termination of his engagement. These are clear facts asserted in the complainant. Besides, all documents are with the Opposite Party which will not necessary for stating the case before us justifying non payment. We are satisfied that Collector has no answer for which it first attempted to evode by blaming the Commissioner and thereafter not appearing on the date of hearing at Berhampur which is hardly 20 kms. from Chhatrapur.

Assistant Public Prosecutor is a Law Officer and terms and condition of such Law Officers are governed by the Orissa Law Officers Rules. Once he has discharged his duties which was not gratuitous, a Law Officer is entitled to his remuneration. Irrespective of length of practice an Advocate on being appointed as Law Officer has right of pre-audiance. As yet engagement as Law Officer is accepted by the society to be a status though such engagement is a contract. When the social order remaining in hand of a Law Officer in contesting litigation he is supposed to have integrity and is to be fair. To maintain integrity, a lawyer of any other person shall have a square meal a day. Those who maintain integrity despite absence the same with modern economic problems, on account of their retraint and self-respect, are to be placed in a higher position than a normal human being in a society where person getting all advantage have a greed to acquire more and misconduct themselves. Position in respect of Public servants having deteriorated, the Prevention of Corruption Act had to be replaced bringing within its sweep many more of such persons. Judicial interpretation has also been given that protected office bearers are no exceptions to the law. In our State Law has been enhanced to have special forum for their trial, though some are of the view that the background is political victimisation which has not been accepted by many. All these endeavoured are for establishment of a clean and healthy society.

NOW State Government has taken up the duty of eradicating illiteracy from the State. There highly placed bureaucrats behave worse than those illiterate having no courtsy even to reply to a grievance made by a lawyer, the programme becomes meaningless. NOW Home Department which administering Criminal Procedure Code in the State is in hand of the Chief Minister and a Lawyer of repute is incharge of Law Department as minister. It is really astonishing how a Lawyer just developing his career in the profession has a feeling that he is deprived of his legitimate. It is not known whether many lawyers similarly situated throughout the State are victims of the same or similar circumstances. If the State Government of its officers like the Collector, Ganjam who is Opposite Party are of the view that the noble profession which has the recognition of being honourable till now would be deprived of the nobility or honour which it possesses, one of the members would be meted out the behaviour as is reflected in this case. If it is wanted that the members of the profession would maintain their integrity, nobility and honour, immediate steps should be taken to settle the dispute of the complainant. Since we hope that the matter would be investigated into and settled early, we are not examining the merits at this stage and dispose of the complaint. A copy to the order be sent to the Law Department for immediate action. Complaint disposed of.