Calcutta High Court (Appellete Side)
CO/3803/2017 on 21 January, 2019
Author: Rajasekhar Mantha
Bench: Rajasekhar Mantha
1 21-01-2019
Sl. 2 pk C. O. No. 3803 of 2017 Mr. Diptendu Majumdar ...for the petitioners.
Mr. Diptendu Majumdar, learned advocate represents the petitioners. Let his name be recorded in the earlier order dated 17.01.2019 when he had appeared on behalf of the petitioners. A shocking state of affairs is revealed from the records and the reports filed by the District Judge, Hooghly dated 18.01.2019.
T. A. 221 of 2011 was filed and only in August, 2015 the Second Additional District Judge, Serampore, Hooghly called for the L. C. R. from the Court of the learned Civil Judge (Junior Division), Third Court, Serampore, Hooghly in T. S. No. 12 of 2004 and from time to time thereafter until 2017. The L. C. R. did not come despite directions on as many as 15 occasions. On 27.11.2017 a Co-ordinate Bench of this Court called for the entire records of Title Appeal No. 221 of 2011 from the Court of the Additional District Judge, 3rd Court, Serampore in Title Appeal No. 221 of 2011 to ascertain as to whether the records of T. S. No. 12 of 2004 were sent to the Additional District Judge, Serampore 2 It has been a year since the order was passed. The Registrar (Administration) from whom a report was sought has indicated that the records of the file and orders passed by the Co-ordinate Bench on 27.11.2017 were not sent by the A. C. O. concerned to the Department and hence despite lapse of one year the Registry could not call for the records from the Additional District Judge as directed in this Court's order dated 27.11.2017.
Be it noted that the petitioners had put in requisites for special messenger in December 2017 itself. By my order dated 17.01.2019 I had called for a report from the District Judge, Hooghly as also the Registrar of this Court as to why the order of Second Additional District Judge, Serampore calling for records in its court below was not complied with, as neither was the order dated 27.11.2017 complied by the Registry of this Court.
From the records, it appears that the then A. C. O. of Court No. 2 had not sent the order dated 27.11.2017 to the Registry of this Court to bring the records in T. A. 221 of 2011 from the Second Additional District Judge, Serampore to this Court.
3The District Judge has submitted a report indicating that no records of T. S. 12 of 2004 could be traced out except for some stray petitions.
There is utter and complete failure of Administration at the Judgeship of Hooghly. There is also need to investigate as to why the order dated 27.11.2017 passed by the Co-ordinate Bench has not been communicated by the Court Officers to the Registry.
This Court deems it fit necessary that accountability ought to be fixed and suitable disciplinary action and/or other remedial action need be initiated against the Officials concerned of both at the District Judgeship at Hooghly as also this Hon'ble Court.
The Registrar General of this Court is directed to forthwith look into this matter and place a report in this regard before the Hon'ble Chief Justice and the Zonal Judge-in-Charge of Hooghly District.
A copy of this order may also be placed before the Co- ordinate Bench that had passed the order dated 27.11.2017 (Harish Tandon, J.) for His Lordship's kind notice. In the meantime, it is ordered that the Second Additional District Judge, Serampore shall direct the reconstruction of 4 the records of T. S. No. 12 of 2014 after calling upon the parties to produce the same.
The blockage of the entrance to the main gate into the revisionists' residence shall be removed and access should be allowed to revisionists through such entrance. The Additional District Judge II, Serampore shall ensure that the above interim order is executed pending the reconstruction of records in the court below and the hearing of the T. A. No. 221 of 2011.
This order is passed in the peculiar and extreme circumstances that have emerged in the facts of the case. The Additional District Judge II, Serampore shall, if necessary, direct the Officer-in-Charge, Serampore Police Station to assist the Court in all respects for carrying out the aforesaid order.
Let this matter stand adjourned and be listed three weeks hence.
The Second Additional District Judge, Serampore shall send a compliance of this order to this Court on the adjourned date.
The petitioners and the Registry shall communicate a copy of this order to the Registrar General, to the opposite party and to the court below.
5Photostat certified copy of this order, if applied for, be given to the parties upon compliance of all formalities.
(Rajasekhar Mantha, J.)