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Dr. (Mrs.) Rajni Tripathi v. State Of U.P. Thru' Principal Secy. Higher Education & Ors. - WRIT - C No. 50040 of 2004 [2007] RD-AH 2229 (12 February 2007)


This is an UNCERTIFIED copy for information/reference. For authentic copy please refer to certified copy only. In case of any mistake, please bring it to the notice of Joint Registrar(Copying).


Court no. 23

Civil Misc. Writ Petition No. 50040 of 2004

Dr. (Mrs.) Rajni Tripathi.....................................Petitioner


State of U.P. and others......................................Rspondents.

Hon. S.N.Srivastava, J.

It would appear from the record that on the last date the was wrongly listed before the Court and therefore, the Court was compelled to pass order dated 7.2.2007 directing Joint Registrar (Listing) to indicate as to for what purpose these cases were being regularly listed before the Court notwithstanding the fact that writ petitions were decided by the Division Bench of this Court in compliance of the orders of the Apex Court.

In the report dated 13.2.2007 submitted before the Court on 14.2.2007, the Joint Registrar (Listing) has spelt out that in the matter, enquiry was conducted by Deputy registrar (Judicial) the crux of which is that the order of the Apex Court was misinterpreted and resultantly, the cases were being wrongly listed before the Court. The Joint Registrar has assured the Court in his report that he has issued peremptory direction in the matter to concerned Asstt Registrar and Section officer to personally monitor matters in so far as matter remanded by the Apex Court are concerned. He has also intimated the Court that concerned section officer has been warned to be careful in future.

In the facts and circumstances, the Court is of the view that matter of compliance with the directions/order/remand etc of the Apex Court is of pivotal importance and cannot be left in the unguided discretion of junior officers of the Court and brunt of responsibility has to be borne by the superior officer like the Joint Registrar (Listing) and any lapse coming to the notice of the Court has to be visited with penalties on the Joint Registrar (Listing) and he cannot escape the accountability by passing on the buck on junior officers. In this connection, it is directed that any matter relating to compliance with the direction of the Apex Court shall be invariably placed before the Joint Registrar for being looked into and without any delay and it is only after obtaining his orders, the matter would be listed before the Court. The Joint Registrar (Listing) shall also be responsible to see that any unnecessary delay is not occasioned in compliance of the order of the Apex Court inasmuch as it has been noticed, after marking the matter to the office, the superior officers, the matter is relegated to oblivion and thereafter, often responsibility is passed on to junior officers of the Court.

A copy of this order be supplied to the Registrar General of the Court attended with the direction that he shall serve the same on Joint Registrar (Listing) for strict compliance. In case, the Joint Registrar (listing) on account of his absorbed in other works, finds it difficult to handle the responsibility all alone, a committee of officers consisting of Astt Registrar concerned and Deputy Registrar concerned headed by Joint Registrar may be nominated to lighten the burden on the Joint Registrar (Listing), but it may be clarified that ultimate responsibility will be on the shoulder of Joint Registrar (Listing).





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