"Conduct Interferes With Justice Administration": Allahabad HC Orders Action Against Official Who Failed To Send Case File To Court

The Allahabad High Court on Monday directed departmental action against the Assistant Registrar of the High Court who failed to list a particular case in the fresh list and send the case file to the court citing various administrative instructions and remained defiant even when enquired by the HC about his failure to perform his duty.

Significantly, when the Bench of Justice Ajay Bhanot called him personally and asked him about the lapse on his part, he reiterated his stand that the order cannot be complied with due to administrative instructions.

Against this backdrop, noting that he remained defiant, the Bench ordered departmental action against him after terming his conduct as interfering with the administration of justice.

"...the Court cannot remain silent spectator to such acts of grave misconduct and deliberate defiance of orders passed by this Court by officers of the registry. Such conduct interferes with the administration of justice. In case such officials are given free run, public at large will lose faith in the judicial system," the Court further remarked.

The case in brief 

The Court was dealing with the bail plea of one Dlshad @ Dillu who has booked under Sections 147, 148, 149, 302, 506 IPC. During the hearing of the case, the Court noted the impediment created by the registry official (Sandeep Kumar, Assistant Registrar, deputed in the fresh filing section) in the hearing.

Essentially, a specific order was passed by the Court on January 19, 2022 (Wednesday) directing that the constant bail plea be placed in the list of fresh cases on January 20, 2022 (Thursday), however neither the list of fresh cases depicting the aforesaid case was prepared nor the file was sent to the court.

Therefore, the Bench Secretary of the Court enquired from the said official about his failure to prepare the list of fresh cases depicting the said case and also not sending the file to the Court, and the said official replied that the order was not liable to be complied with due to various administrative instructions and refused to send the file or prepare the list.

Thereafter, when this issue was brought to the notice of the Court, the Court directed that the official be summoned and appearing for the Court, the said official reiterated his stand by stating that the order cannot be complied with due to administrative instructions.

Since he remained defiant and reiterated his stand, the Court summoned the Registrar General of this Court, who ensured prompt compliance of orders of the Court.

Lastly, calling the conduct of the said official as clearly contumacious, the Court remarked that it would be open to the High Court to consider whether relaxing of qualitative requirements and eligibility criteria for appointments and promotion to responsible posts in the registry of this Court is conducive to the good administration of justice or not.

Case title - Dlshad @ Dillu v. State of U.P
Case Citaiton: 2022 LiveLaw (AB) 24

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