Compilation Vol 3 Corrected (1-943).pmd - Goa Public Service ...

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IN THE KARNATAKA ADMINISTRATIVE TRIBUNAL AT BANGALORE
APPLICATION NO.2074/2009
D.D. 05.10.2009
The Hon’ble Mr. Justice A.V.Srinivasa Reddy, Chairman &
The Hon’ble Mr. G.Raju Prem Kumar, Administrative Member
Sri. U.B.Neralagimath ... Applicant
Vs.
The Secretary, KPSC ... Respondent
Recruitment:
Whether recruitment is bad for non mentioning of date of recruitment, number and date of Notification
and also the last date for filing of the applications in the Information Booklet? – No
In the recruitment for the post of Assistant/Junior Assistant carried out for the year 2007-08 the
grievance of the applicant is that the Information Booklet did not contain date of recruitment, number
and date of notification and also the last date for receipt of applications – KAT in view of the fact that
the same Advocate for another applicant challenging the recruitment notification which contained all
the details in another application-A.No.2075/2009 has dismissed the application as frivolous making
observations regarding duty of an Advocate.
Held:
Karnataka PSC
An Advocate is an Officer of the Court with the following observations:
“We would like to say something about the duty of an Advocate also. Advocate is not a mere
mouth piece of his client. In giving opinion to a client, Advocate’s duty is to ‘act as Judge, responsible
to God and man, as also especially to their employers, to advise them soberly, discreetly and honestly
to the best of his ability, though the certain consequences be the loss of large prospective gains’. A
lawyer is not the servant of the client that engaged him but the true position is that he is the servant of
the justice itself. Though it shall be the duty of an Advocate fearlessly to uphold the interests of his
client by all fair and honourable means without regard to any unpleasant consequences to himself or
any other, the Advocate should also advise his clients to refrain from filing frivolous case. The Advocate
must remember that he is an Officer of the Court.”
ORDER
Some cases are being filed even for ‘fall of a hat’. The present case is one such case.
The case of the applicant is that the Karnataka Commission Service Commission (for short, the
‘KPSC’) had invited applications for recruitment to the posts of Assistants and Junior Assistants for
the year 2007-08. In that regard, the KPSC had also issued a booklet to the candidates by collecting
Rs.50/- from each candidate. The grievance of the applicant is that the said booklet did not contain
the date of Recruitment, Number and date of Notification and also the last date for filing of the
Applications and non-mentioning of these details is illegal and contrary to law.