Misplacing SC's Order From High Court Records: Supreme Court Directs Allahabad HC Chief Justice To Inquire, Take Action Against Erring Officials
In view of the Allahabad High Court's inquiry, which concluded that though an order of Supreme Court was received by it, the same wasn't communicated to the Concerned Judge, the Supreme Court on Monday (22nd March), in suo moto proceedings, directed the High Court's Chief Justice to fully investigate the matter under the administrative directions. The Bench of Justice D. Y. Chandrachud...
In view of the Allahabad High Court's inquiry, which concluded that though an order of Supreme Court was received by it, the same wasn't communicated to the Concerned Judge, the Supreme Court on Monday (22nd March), in suo moto proceedings, directed the High Court's Chief Justice to fully investigate the matter under the administrative directions.
The Bench of Justice D. Y. Chandrachud and Justice M. R. Shah took into account the prima facie finding of the Senior Registrar of the Allahabad High Court that two HC officials are responsible for not communicating the SC's order and for misplacing it from HC's records.
The matter before the Court
An Order of the Supreme Court dated 21st November 2014 (passed in SLP (Crl.) 3515-16 of 2004) was received by the Allahabad High Court on 18th December 2014 and it was delivered to the concerned section on 19th December 2014.
However, it went missing from the record and so, in order to trace out the order and also ascertain the actual date on which the order was transmitted to District Judgeship, Gonda, the Senior Registrar had ordered a Preliminary Inquiry on 12th January 2021.
The Inquiry Officer vide his report submitted that the said order of the Supreme Court was received on 18th December 2014 but the same was not communicated to District Judgeship Gonda by the concerned section.
The Inquiry Officer also held that prima facie, two officials of the Allahabad High Court are responsible for not communicating the order to the District Judgeship and for misplacing the order from the records of High Court.
Lastly, a Departmental Inquiry was recommended against the delinquent officials in this matter.
Apex Court's order
Taking note of the observations made in the inquiry report the Apex Court ordered and directed,
"The matter should be fully investigated under the administrative directions of the Chief Justice of the High Court and those responsible for dereliction in the performance of duty be held accountable by following the due process of law."
Further, it has been directed that all necessary steps to comply with its directions be initiated expeditiously within a period of four weeks under intimation to the Registrar (Judicial) of the Supreme Court.
Also, the Registrar General of the High Court has been directed to submit his report to the Registrar (Judicial) of Supreme Court within a period of six weeks on the course of action which has been initiated.
Apart from this, to obviate such a situation in the future, the Registrar (Judicial) of the Supreme Court has been directed to apprise the court of the procedure which is followed by the Registry to communicate the orders of this Court not only to the High Court, but to the concerned Judge who has to take action in compliance.
This report has been directed to be placed on the record and shall be taken up together with the report of the Registrar General of the High Court.
Now, the matter has been posted for further hearing on 12th July 2021.
Read Order