'Shocking', 'Lower Court Records Not Received By Appellate Court For 5 Yrs': Punjab & Haryana HC Calls Judicial Officer's Actions 'Unacceptable'

The Punjab & Haryana High Court has expressed shock at the actions of a judicial officer who failed to call for the lower court record of a case he was hearing on appeal for five years.

The Court noted that the judge continued passing routine orders for five years without taking any effective steps to summon the case record from the Court situated in the same district.

Justice N.S Shekhawat noted, "Shockingly, the lower Court record was not received by the Appellate Court for a period of more than five years from a local court itself. It is really painful to notice that the Presiding Officers of the Appellate Court had passed routine orders and did not bother to take any effective steps for summoning the lower Court record."

The Court further said that such negligent act on the part of the judicial officers is totally unacceptable, which amounts to denial of speedy justice to the litigants, who approached the Court with the hope that justice shall be delivered to them at the earliest.

These observations were made while hearing a plea seeking directions to the Appellate Court to decide the appeal within a period of three months which had been pending in the Sessions Court for five years.

During the hearing, the Court noted that for the last five years, the record has not been received by the Appellate Court from the Trial Court, in spite of the fact that both the Courts are situated at Amritsar, only.

In pursuance of Cthe ourt's direction an enquiry report from District and Sessions Judge, Amritsar was submitted wherein it was stated that the necessary disciplinary proceedings have been initiated against three Alhmads of the Court for not issuing the docket for the requisition of lower Court record despite orders passed by the respective Courts.

 Perusing the report, Justice Shekhawat noted that, "it is apparent that appropriate disciplinary action has already been initiated against three officials of District Court, Amritsar for not issuing the docket for the requisition of lower Court record, despite orders passed by the respective Courts. It is expected that the disciplinary proceedings shall be taken to its logical end."

The Court directed to forward the copy of the order to all the judicial officers who had handled the appeal in the past and all judicial officers are advised to be careful in future.

Justice Shekhawat highlighted that the appeal was filed before the Appellate Court on 03.01.2020 and is still stated to be pending for 01.04.2025.

Consequently, the Appellate Court was directed to decide the appeal on 01.04.2025 itself or within a period of one week thereafter and "under, no circumstances the appeal shall be adjourned," it added.

Ms. Jasneet Mehra, Advocate for the petitioner.

Title: Amandeep Singh v. Preet Industries and Anr.

Citation: 2025 LiveLaw (PH) 65

Click here to read/download the order