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2024 Supreme(Jhk) 1026

IN THE HIGH COURT OF JHARKHAND AT RANCHI
SUJIT NARAYAN PRASAD, RAJESH SHANKAR, ARUN KUMAR RAI, JJ.
Court on its own motion - Appellant 
Versus
Registrar General, High Court of Jharkhand & Others - Respondent 
W.P.(PIL) No.4300 of 2024
Decided on : 23-09-2024


Advocates:
Advocate Appeared:
For the Respondents:Mr. Rupesh Singh, Mr. Rajendra Krishna, Mrs. Ritu Kumar, Advocate

The authority of the Chief Justice to issue administrative directives is absolute and such directives should align with established rules without requiring concurrence from the Full Court.

Headnote:(A) Jharkhand High Court Rules - Rules 69, 70, 78, 79 - Administrative order regarding filing and listing of cases - Standing Order No. 9 of 2024 stayed by a Division Bench, deemed to override pre-existing Rules - Full Bench constituted to affirm that only the Chief Justice holds authority to issue binding administrative orders regarding filing procedures - Found the Standing Order congruent with existing rules intended to streamline procedures and ensure defect-free cases are prioritized and processed appropriately. (Paras 1, 5, 7, 10, 12, 64)

(B) Administrative Authority - The Chief Justice's power is absolute concerning the internal administration of the High Court, and their decisions are not subject to judicial review unless misused - Dismissal of a matter due to defects must follow prescribed procedures in the Rules and requires adherence to principles of justice as well as judicial discipline. (Paras 84, 88)

(C) Summary of Agreements - Affidavits from key stakeholders indicated that the Standing Order is generally acceptable, with minor suggested modifications yet no substantive objections raised from the Bar. (Paras 90, 94, 96)

(D)

Result: Division Bench's order set aside, reaffirming the Chief Justice's administrative powers and allowing the Standing Order to remain effective.

Table of Content
1. court addresses issues raised by the division bench. (Para 1 , 2)
2. concerns raised regarding the registration and listing process. (Para 3 , 4 , 10)
3. examination of the chief justice's authority in light of subordinate legislation. (Para 5)
4. impact of the standing order on the bar and transparency. (Para 6 , 8 , 14)
5. legal validity of standing order and its implications. (Para 16 , 20 , 22)
6. affidavits filed regarding the standing order. (Para 24 , 25 , 26)
7. administrative orders must align with established judicial protocols. (Para 32)
8. recognition of the chief justice's authoritative role in judicial administration. (Para 64 , 102)
9. clarification on the chief justice's authority regarding rules. (Para 67 , 70 , 73)
10. judicial review limits on administrative decisions. (Para 82 , 86)
11. conclusion on the interpretation of the standing order. (Para 100 , 101)
12. final order quashing previous order. (Para 104 , 105)

JUDGMENT :

1. The present case has been registered by this Court on its own motion on the basis of the report of the learned Registrar General, with respect to passing of an order by a Division Bench of this Court dated 30.07.2024 in Filing No.:- Cr.Appeal (D.B.) No.17440 of 2024, whereby the operational system of filing brought in effect by way of Standing Order No.9 of 2024, dated 09.07.2024, issued by the order of the then Hon’ble the Chief Justice, has been directed to be stayed.

2. Faced with such a situation, and after going through the order passed by the learned Division Bench, a Full Bench was constituted in order to deal with the prevalent situation.

3. The learned Division Bench has passed the following order :-

“This matter has been listed today, with a filing number. The matter is yet to be registered.

2. The matter is still defective. Office has also raised an objection on maintainability.

3. Learned counsel for the appellant submits that he was unaware that the matter would be listed today. He submits that he did not even know about the progress of the matter as it was difficult for him to track the matter since the same was not even registered and without being registered this matter has been listed.

4. On query, learned counsel for the appellant and large number of members of Bar submitted that a Standing Order being Standing Order No.9 of 2024 dated 09.07.2024 has been issued under the signature of the Registrar General of this Court and on that basis this matter has been listed without being registered. Members of the Bar in one voice stated that because of the said Standing Order, they are facing severe difficulty. They submitted that even power has been given to the learned Registrar General to dismiss a matter if the defects are not removed. Further to remove the defects, interlocutory application has to be filed and if the matter is dismissed, the same cannot be restored and a fresh application again has to be filed. Filing and listing of case is governed by the High Court of Jharkhand Rules and in effect Standing Order No.9 of 2024 dated 09.07.2024 has superseded the High Court of Jharkhand Rules without any amendment to that effect. Learned counsel also submits that the Standing Order has in fact over ridden the provisions and procedure laid down by the High Court of Jharkhand Rules so far as filing and registration of a case is concerned without amending the said Rules. They further submit that as per Rule 69 of the High Court of Jharkhand Rules, ‘Designated Officer’ does not have a power to dismiss a case. It is contended that Rule 70 of the High Court of Jharkhand Rules is also not applicable in this context nor does the Rule 307 of the High Court of Jharkhand Rules. Further, they submit that law of limitation will also get affected by virtue of this Standing Order. They produced a copy of the Standing Order. The same is kept on record.

5. We have perused the Standing Order. In fact, this Standing Order amends the High Court of Jharkhand Rules. The very first line of th

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