Court mandates transparency and adherence to statutory requirements in issuing judgments and certified copies by quasi-judicial authorities in Goa.
In a significant judgment, the Bombay High Court's Goa Bench has issued directives aimed at reforming the procedural conduct of quasi-judicial authorities in Goa. The Court addressed the procedural lapses in the issuance of judgments and certified copies, emphasizing the need for transparency and compliance with statutory regulations.
The case stemmed from a writ petition filed by Smt. Gopiki Soma Lingudkar challenging orders dated December 16, 2023, by the Deputy Collector and SDO of Pernem Taluka. These orders involved granting leave to appeal and a stay on a prior judgment allowing the petitioner to purchase a dwelling house under the Goa, Daman and Diu Mundkar's (Protection from Eviction) Act, 1975.
Justice Valmiki Menezes, presiding over the matter, identified procedural irregularities, particularly in the issuance of certified copies. The Court noted the absence of essential endorsements on the certified copies, which are crucial for computing limitation periods accurately in legal proceedings.
The judgment outlined several crucial directives to streamline the process. It mandated that all judgments or orders must be pronounced in open court and promptly signed by the authority. These orders must be placed in the concerned file with running pagination to prevent subsequent unauthorized alterations.
Furthermore, the Court directed that certified copies must include endorsements of key dates, such as application receipt, processing completion, readiness for collection, and actual collection. This measure aims to eliminate ambiguity in the computation of limitation periods, thereby safeguarding litigants' rights.
The Court also highlighted the importance of adhering to the guidelines set forth in a 2006 circular, which stipulated that urgent certified copies should be issued within two days of application. The judgment called for strict compliance with these guidelines to prevent procedural manipulation and ensure judicial propriety.
The Administrative Tribunal has been tasked with reviewing the legality of the impugned orders, taking into account the sequence of events and the procedural deficiencies identified by the Court. The Tribunal has been urged to expedite the hearing and resolution of the matter within three months.
This ruling underscores the judiciary's commitment to ensuring that quasi-judicial processes are transparent, efficient, and in strict adherence to statutory requirements, thereby upholding the integrity of the legal system.
Bottom Line:
Directions to streamline procedure for passing judgments/orders and issuing certified copies by quasi-judicial authorities in Goa, ensuring transparency and compliance with statutory requirements.
Statutory provision(s):
Goa Land Revenue Code, 1968, Goa, Daman and Diu Mundkar's (Protection from Eviction) Act, 1975, Goa Agricultural Tenancy Act, 1964, Goa, Daman and Diu Mamlatdar's Court Act, 1966, Indian Evidence Act, 1872 Sections 74, 76, 79, Limitation Act, 1963 Sections 4, 5, 12, 14.
