APPOINTMENT OF INEFFICIENT LAW OFFICERS LEADS TO ADJOURNMENT OF MANY CASES :HC seeks quality pleaders

By S A Ishaqui

Hyderabad, July 31 :

The Andhra Pradesh High Court on Friday directed the state government to start the exercise of streamlining the appointment of law officers before the courts and ensure that the institution works properly.

Justice C.V. Nagarjuna Reddy, while refusing to set aside the appointment of 10 government pleaders in the High Court, said the chief secretary should constitute a committee headed by the advocate-general and comprising the law secretary and others as deemed fit within four weeks.
In a judgment of far reaching consequences for appointing law officers, the judge rapped the functioning of the present arrangement.

The judge said: "While the prerogative and privilege of selecting law officers undoubtedly rests with the government, its responsibility to choose the right and competent persons to represent the state's interest need not be overemphasised."

Justice Reddy said: "It is a matter of grave concern that performance of law officers is coming under a lot of flak. Their absence at the courts when cases are called, non-filing of counter affidavits in time, non-production of records at hearings and inadequate preparation leading to failure to answer the court's queries are forcing the courts to adjourn cases several times."

"Sagging quality of pleadings is another area of serious concern," he said. The judge disposed of a writ petition filed by Mr Kumar Babu, an advocate in the High Court. He said that 10 persons were appointed for the third time. He contended that the rules prescribe that their performance be assessed.

Only those who are rated excellent can be given appointment for the third time. He said that no appraisal was done and hence the appointment of these 10 government pleaders be set aide.

The court directed that the committee should examine the areas of deficiency insystem of appointments , functioning of law officers and submit a report to theChief Secretary.

The court said that the study shall comprise methodology to be evolved forconstant monitoring of functioning of law officers, including GovernmentPleaders and Assistant Government Pleaders. The report shall contain measuresfor improving the performance.

The issue of suitability for re-appointments and evaluate work load of GP andnumber of AGP s for each GP is also to be done. The government was directed toframe rules and guidelines based on this report.