Hon'ble Ashwani Kumar Singh,J.
In this leave to appeal, notice was issued way-back in 2004 and vide service reports of 2004, it appears that the C.J.M did not send his report about the service of notice and it is not on record till date. Hence we passed the following order on 4.12.2009:
"It appears from the past proceedings that on correct address, notice was sent by this Court way-back in 2004, but compliance report has not been received from the Chief Judicial Magistrate, Shrawasti. Issue fresh notice to opposite party Hafiz Mohammad Yasin at the address indicated in the earlier notice. Let it be indicated in the notice that in case of non-submission of compliance report, the Chief Judicial Magistrate, Shrawasti shall remain present in Court on the next date.
List on 4.1.2010."
As there is non-compliance of the order as noticed during the course of hearing, Record Officer Shri Anil Kumar Singh is directed to be present in Court today, since he has grossly failed in his duty to communicate the order by issuing notice. However, during the appearance in Court, his conduct is found to be contemptuous and discourteous and his dress, casual. Hence, taking a serious view of the matter, it is directed, that the authority concerned competent to initiate departmental proceedings in his case shall initiate the proceedings forthwith, and besides, since he appears to be a dead wood and of no utility to the nature of duties assigned to him and is unaware of the courtesy required of an official working in the High Court Registry, he shall be visited with requisite punishment after departmental proceedings to set an example for such others, if any, working in the Registry.
4.1.2010 A/LN/-Crl.Misc.Case 105/95 LATER ON Delinquent employee Anil Kumar Singh reappears in Court at 2 p.m with Deputy Registrar Sri S.A.Mehdi and tenders unconditional written apology for failure to read Rule 3(b) of Chapter XXXVII of the Allahabad High Court Rules, which deals with 'Processes and Process-Fees'. Said Rule 3(b), on reproduction, reads as under:
"CHAPTER XXXVII PROCESS AND PROCESS-FEES
1.............
2..........
3. When fee not chargeable.- Notwithstanding anything contained in Rules 1 and 2, no fee shall be charged for--
(a).......
(b) serving or executing any process issued in consequence of the adjournment of a case otherwise than at the instance of a party.
(c)...............
(d) ..............
(e) .............."
Though the official tried to mislead the Court without reading the relevant rules and acted in contemptuous manner, but looking to the unconditional written apology tendered by him and a request on his behalf also by Deputy Registrar Sri S.A.Mehdi, the apology is accepted in order to give a chance to the employee for improvement. Hence the first part of the order is recalled. Issue fresh notice to opposite party for appearance on 25.1.2010. A copy of this order shall be kept in the service file of the official by the Registrar concerned to be taken into consideration in case he does not improve in his conduct.
Order Date :- 4.1.2010 LN/-