Records Not Given On Time, Standing Counsels Unable To Provide Proper Assistance To Court: Allahabad High Court
Upasna Agrawal
31 Aug 2024 9:30 AM GMT
Recently, the Allahabad High Court observed that since records of cases are not handed over to the standing counsels prior to the hearing of the case, they are unable to provide proper assistance to the court. The court observed that despite various orders of the court that records summoned should be provided to the standing counsels a day prior to the hearing, the same was not being done. Rather, the records were being handed to them in court on the morning of the hearing.
While dealing with a special appeal arising out of a judgment of the single judge in service dispute, the bench comprising of Justice Rajan Roy and Justice Om Prakash Shukla observed that records pertaining to disciplinary inquiry which were called earlier were given to the Standing Counsel in Court on the date of the hearing.
It was observed that despite several orders of the Court in various writ petitions, that the records be handed over to the Standing counsels a day prior so that they can offer proper assistance to Court on the day of the hearing, it was not being done. The recorded that “lapse is not on the part of the Standing Counsel but on the part of the Officer's who do not give clear instructions as to when the records are to be taken.”
The Court further observed that “when the records are summoned by the Court, the relevant records should be shown to the Standing Counsel a day prior to the date on which the case is listed so that the Standing Counsel may go through the records and then assist the Court on the next date, as, it is quite possible that after going through the records, the Standing Counsel may himself have some queries to make to the Officer who has brought the records so as to clarify the factual position.”
The Court directed the Legal Remembrancer, State of U.P to take cognizance and issue directions to all departments regarding records being sent a day prior to the date of hearing.
The Court also reduced the cost of Rs. 2200 to Rs. 1100 which was earlier imposed on the respondent for non-production of instructions despite orders of the Court.
