Gauhati HC Takes Note Of Acute Shortfall Of Official Quarters For Judicial Officers; Directs State Officials To Take Steps [Read Order]

Update: 2020-10-20 15:11 GMT
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The Gauhati High Court, having taken cognizance of the acute shortfall of the official quarters for the Judicial Officers serving in the States of Assam, Nagaland, Arunachal Pradesh and Mizoram, has passed an order on October 19 directing the Deputy Commissioners of all the Districts, except for Districts of Lakhimpur, Dhemaji, Morigaon, Goalpara, Kokrajhar and Baksa, and the Chief...

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The Gauhati High Court, having taken cognizance of the acute shortfall of the official quarters for the Judicial Officers serving in the States of Assam, Nagaland, Arunachal Pradesh and Mizoram, has passed an order on October 19 directing the Deputy Commissioners of all the Districts, except for Districts of Lakhimpur, Dhemaji, Morigaon, Goalpara, Kokrajhar and Baksa, and the Chief Executive Members of all the Autonomous District Councils of Assam to explore all possibilities for providing accommodation to the Judicial Officers, in consultation and coordination with the District Judges concerned.

The Deputy Commissioners, and the Chief Executive Members of all the District Councils, as aforesaid, have also been asked to submit reports individually of the steps taken and proposals with the issue of lack of official accommodation for the Judicial Officers in their respective districts.

A full bench of the High Court has further directed the Chief Secretary, Assam to monitor the actions taken by the Deputy Commissioners and the Chief Executive Members, as aforementioned, and to submit an affidavit in this regard by the next date.

"...the situation in the state of Assam is quite alarming to say the least inasmuch as more than 72% of the judicial officers have not been provided with official residential  accommodation", the bench observed.

As far as the States of Nagaland, Mizoram and Arunachal Pradesh are concerned, each of the Registrars of the respective Benches are directed to furnish a detail report reflecting the present status of availability of official accommodation for the Judicial Officers and steps taken so far. Appropriate orders will be passed in the matter on receiving reports from the respective Registrars. 

A bench comprising Acting Chief Justice N Kotiswar Singh, Justice Manash Ranjan Pathank and Justice Suman Shyam took note of the Shetty Commission recommendations (which have been approved by the SC in the All India Judges Association Case) in this regard, particularly the following :

"All Judicial Officers, irrespective of their cadre, should be provided with Government quarters according to their entitlement. If adequate Government quarters are not available at a time, the Government shall requisition the proper houses and make available to the Judicial Officers".

The Court has listed the matter for further consideration on November 23.

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