Himachal Pradesh High Court
State Of H.P. vs . Ram Prasad on 6 March, 2023
Bench: Tarlok Singh Chauhan, Virender Singh
State of H.P. vs. Ram Prasad .
Cr.MP (M) No. 1524/2019 6.3.2023 Present: Mr. I. N. Mehta, Sr. Addl. A.Gs. with Mr. J. S. Guleria, Dy.A.G. & Mr. Rajat Chauhan, Law Officer, for the appellant/applicant.
Ms. Anjali Soni Verma, Advocate, for the respondents.
On 7.11.2022, this Court passed the following order:
"Heard. We are appalled to note that the certified copy of the statement of deceased recorded under Section 154 Cr.P.C. that was applied on 10.08.2017 was eventually prepared after two years i.e. on 20.05.2019 by the Copying Agency attached with the learned Additional Sessions Judge-III, Kangra. What took so long to prepare the same, is not forthcoming. Therefore, let the Additional Sessions Judge-III, Kangra conduct an inquiry into the matter and submit a report within a period of three weeks from today. In order to facilitate the inquiry, let a copy of the statement along-with stamps of attestation appearing on pages 57, 57 back and 58 be sent to the concerned Court.
List on 28th November, 2022."
2 In compliance to aforesaid order, the Inquiry Officer has submitted his report, clause 12 whereof reads as under:-
"12. Thus, in view of aforesaid discussion undersigned is of opinion that prima facie both the Criminal Ahlmads i.e. Former Criminal Ahlmad namely Sh. Amit Kumar (since resigned) and present Criminal Ahlmad, namely Sh. Ashish Kumar were at fault in not performing their duties diligently and are found grossly negligent and wanting and failed to make over the case file or its whereabouts to Copying Agency/Record Room as well ::: Downloaded on - 07/03/2023 20:33:52 :::CIS as the then Copying Agent, namely, Smt. Kavita Sharma and present Copy Agent, namely Smt. Sonu .
Chauhan, were at fault in not performing their duties diligently and are found grossly negligent and wanting to pursue the application/Swal with concerned Criminal Ahlmad or Record Keeper of Record Room, so as to prepare the certified copy of the document applied for by the applicant/department of prosecution in time."
3 Now that certain officials have been found to be grossly negligent and wanting in performance of their official duties, let further action against the erring official(s) be initiated by the learned District Judge Kangra in accordance with relevant Rules. The inquiry so initiated be completed preferably within six months.
4 List on 20.3.3023.
(Tarlok Singh Chauhan) Judge (Virender Singh) Judge 6.3.2023 (pankaj) ::: Downloaded on - 07/03/2023 20:33:52 :::CIS .
::: Downloaded on - 07/03/2023 20:33:52 :::CIS