(Per : HONOURABLE MR.JUSTICE RAVI R.TRIPATHI)
1. By order dated 14.06.2012, Registry was directed to file explanation giving details as to when the Record & Proceeding was summoned by the office and what is response thereto. The explanation should include as to when the writ was issued of this Court and when was it received by the concerned Court and what action the concerned Court had taken to send R & P to this Court. To enable the Registry to file the above report, the matter was adjourned for today, i.e. 19.06.2012.
2. Registry has placed submission on record of this case, which reads as under:-
"In this connection, it is respectfully submitted that Central Process Centre had prepared R and P Writ on 02/05/2012 and the same was signed by Assistant Registrar on 03/05/2012 and on the very same day it was dispatched....."
2.1 It is then submitted that:-
"Pursuant to direction of the Honourable Court, Office has vide letter dated 15.6.2012 called for explanation from the Principal District and Sessions Judge, Amreli and in response thereto the Principal District Judge Amreli, has vide his letter dated 15/06/2012 (Flag-B) stated that the writ of the above matter was received by the District Court on 8.5.2012 and the same was handed over to concerned person to get prepare the above R & P and to submit the same to the Honourable High Court but, as the same could not be submitted within time limit, explanation in respect of non submission of above R & P in time limit was sought for by the Principal District Judge from Mr.M.N.Makwana, Senior Clerk, Judicial Branch of his Court. As per the say of Mr.Makwana, the writ of the above matter was received by him on 8.5.2012, and the same was given to Mr.A.J.Thaker, Record Clerk of District Court on 9.5.2012, for preparation of record but unfortunately due to sad demise of the father of Mr.Thaker on 10.5.2012 Mr.Thaker was compelled to proceed on leave and on 11.6.2012 after completion of leave he resumed his duty. Thus, as per the compliance given by Mr.Makwana due to unavoidable circumstances the R & P in question could not be submitted to the Honourable Court within prescribed time limit. The Principal District Judge, Amreli has therefore requested to kindly accept the above explanation....."
3. The aforesaid explanation is found to be not satisfactory inasmuch as, Mr.M.N.Makwana, Senior Clerk, Judicial Branch of District Court, Amreli, was very much in know of the writ of this Court. His duty did not end after handing over the writ to Mr.A.J.Thaker, Record Clerk, District Court, Amreli, on 09.05.2012. Mr.M.N.Makwana, Senior Clerk, Judicial Branch of District Court, Amreli was also in know of the fact that Mr.A.J.Thaker is not available on account of personal reasons. In that event, it was the duty of Mr.M.N.Makwana to make alternative arrangement to see that the work assigned to Mr.A.J.Thaker, who had to proceed on leave, is carried out by some other employee.
4. Registry is directed to seek explanation of Mr.M.N.Makwana, Senior Clerk, Judicial Branch of District Court, Amreli, through learned Principal District & Sessions Judge, Amreli and the same be placed before this Court.
5. Learned APP wants some more time to go through the R & P and place before the Court the relevant evidence.
S.O. to 25.06.2012.
(Ravi R.Tripathi, J.) (Paresh Upadhyay, J.) *Shitole Top