For a lawyer, the winning or losing a case should be his last concern. In every matter the lawyer has to place the correct factual facts before the Court and leave it for the Judge to adjudicate. As lawyers we have a duty to our clients but our primary obligation is to the Court and we should never ever attempt to mislead the Judge even if our client desires so. In one of his usual jibe against me, Chief Minister Manohar Parrikar in the last Assembly session had stated that I have not won a single case. Unlike Manohar Parrikar who has shown utter scant respect for the Judiciary, I have been knocking the doors and the windows of the temples for Justice for almost forty years with issues many may not dare take up. My record is up there for public scrutiny before the various Courts, the High Court and the Supreme Court as well. For the information of Manohar Parrikar, a Division bench of the Honourable Bombay High Court at Goa comprising of Justice R.S.Dalvi and Justice F.M Reis has just this week directed the Goa Government to appoint the PWD Junior Civil Engineers whose selection and appointments were high-handedly cancelled after the Manohar Parrikar government came to power in March 2012. Allowing the petitions filed by Krishna Naik and two others, the High Court has ruled that their selection and appointment is held to be correctly made and must be given effect to. Finding no fault in their selection and appointment, the Court in its judgment has ruled that in the absence of gross misconduct of the interviewer or acts of malfeasance or misfeasance, the setting aside of the appointments made of these engineers would be to nullifying the whole exercise of the selection process “quietly and without good and valid reasons” which cannot be permitted by the Court. It was my privilege to defend Krishna Naik and the two others against the gross injustice inflicted on them by demonstrating to the High Court that their selection and appointment was malafiedly cancelled after the BJP government came to power. Advocate General Atmaram Nadkarni in his inimitable style tried to confuse the Court while defending the Government’s action but finally the truth has prevailed that governance has to be a continuous process and that persons lawfully selected cannot be victimized and penalized merely with the change in government.
Posted on: Fri, 28 Mar 2014 03:47:44 +0000
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