Prof. Mahesh Prasad Yadav vs The State of Bihar and Others

Ajay Kumar Tripathi, J.—In tens of thousands of cases, which this Court has had occasion to adjudicate or go through, most of the times, documents are annexed as annexures, showing due receipt of the same in an office of the authority concerned. In all such documents the receiving is only a scribbling which is neither legible nor decipherable. One cannot make out as to who the person who has received that document or the office in which it has been received. It is not even known from such scribbling whether the receipt indicated therein are authentic or a created document leading to further disputes. This Court is aware that Government authorities right down the line, especially in the field, are reluctant to give an endorsement on any application or any communication, which a citizen wants to make especially when they want to obtain a receipt.

The time has come for bringing about a drastic change in the manner in which such applications or documents, tendered by a citizen, is received by the authority or any limb of the State by not only putting a signature but also giving the name of the authority receiving so in "BLOCK LETTERS" with designation duly endorsed therein with date, so that the authenticity of such receipts do not become disputations.

It is also necessary that a directive be issued to one and all to ensure that any application or communication so tendered before an authority is duly acknowledged and a standard form of endorsement is adopted, so that in future at any point of time the Court can get its authenticity as well as identity of the person, giving such receipts is established.

The requirement is in the interest of good governance and, therefore, the Court directs the Chief Secretary, Bihar to hold a meeting, develop a modality, which is going to be adopted across the State by each and every employee or officer, who are going to put their signature on receipt thereof as directed above. In this regard, the Court grants four weeks'' time to the Chief Secretary to work out the modality to be adopted from the lowliest to the mighty in the State. The exercise so done must be placed before the Court on an affidavit.

Matter will be listed after four weeks, i.e., on 5th of March, 2014. The Order has been passed in presence of two Additional Advocate General''s, who will take personal responsibility to communicate the above Order to the Chief Secretary to take up the follow up action in the spirit of the Order, which the Court has passed.