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Judgment
Hon''ble Mr Justice Jayanta Kumar Biswas
Last Order dated August 29, 2012 is quoted below:-
The Taxing Officer shows utter arrogance by saying that since she has joined recently, she perhaps enjoys an immunity from giving assistance to the Court for a certain period. This question requires examination. She is asked to file an affidavit. To daily list as application next Friday. Certified xerox.
The Taxing Officer has filed an affidavit dated August 29, 2012. Paragraph 2 of the affidavit of the Taxing Officer is quoted below:-
That as per order passed by His Lordship Hon''ble Justice Jayanta Kumar Biswas on 22.08.2012. I personally appeared before His Lordship on 29.08.2012 at 10.30 A.M. at High Court at Calcutta. When His Lordship after hearing the Learned Counsel appearing for the parties was pleased to direct me to file an affidavit stating why I did not supply the proper instruction to my Learned Advocate in time.
Paragraph 3 of the affidavit of the Taxing Officer is quoted below:-
I say that I have joined the Post of R.T.O. Burdwan being in Taxing Officer as well as Registering Authority on 19th July, 2012 I came to learn that our office had already send the instruction to our Learned Advocate as per available records of the said vehicle by a Memo No. 1519/MV dated 12.07.12 requested him to place the same before the Hon''ble Court at the time of hearing of the application.
Paragraph 5 of the affidavit of the Taxing Officer is quoted below:-
I submit that I am always obey in bound by the order passed by the Hon''ble Court and if any latches is on my part which is unintentional and for which this Hon''ble Court may be pleased to accept my unconditional apology.
The Taxing Officer is also the Registering Authority, Burdwan working in the Motor Vehicles Section of the office of the District Magistrate, Burdwan.
Everything about the Taxing Officer can be assessed by a person of reasonable prudence from the affidavit, parts whereof have been quoted hereinbefore, she has filed in compliance with the order dated August 29, 2012. It is for the Government to assess the person for all purposes. this Court only records that the person has failed in the discharge of duty to assist the Court properly.
Mr. Deb Roy appearing for the respondents has prayed for an order permitting the Taxing Officer to decide the pending matter immediately. The nature of the petitioners'' grievance was stated in the order dated August 22, 2012. I think it will be appropriate to dispose of the WP directing the Taxing Officer to decide the matter at once.
The order of this Court dated August 22, 2012 is quoted below:-
The Taxing Officer concerned is directed to appear in person and explain why he did not give necessary instructions to State lawyer about the steps he took in the matter. The allegation is that though the petitioners produced all documents and wanted release of the seized things, the Taxing Officer did not give any decision. To daily list as application next Wednesday. Certified xerox.
For these reasons, I allow the CAN, restore the WP to file and dispose of it ordering as follows. The Taxing Officer shall decide the pending matter by next Wednesday. The petitioners shall be given opportunity of defending themselves and hearing. No costs. Certified xerox.