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1997 Supreme(All) 680

IN THE HIGH COURT OF ALLAHABAD
S. P. Srivastava, J.
OM PRAKASH YADAV - Appellant
Versus
HONble THE CHIEF JUSTICE, HIGH COURT OF JUDICATURE - Respondents
Civil Misc. Writ Petition 20006 Of 1997
Decided On : 06/12/1997

Advocates Appeared:
ASHOK BHUSHAN, S.M.A.Kazmi, W.H.Khan

The Chief Justice has the exclusive jurisdiction to allocate work to Judges and that in the absence of such allocation, a Judge cannot exercise the jurisdiction of the Court.

Headnote:

VACATION JUDGE - JURISDICTION - CHIEF JUSTICE - POWER TO ALLOCATE WORK - URGENCY OF FRESH MATTERS - PROCEDURE FOR DETERMINATION - VALIDITY OF CHIEF JUSTICE'S ORDER - INTERPRETATION OF RULES OF COURT.

Fact of the Case:

Petitioners challenged the order of the Chief Justice dated 22-5-1997, which prescribed the procedure for determining the urgency of fresh matters during the summer vacation. The order directed the Additional Registrar (Listing) to examine applications accompanying fresh cases and determine if they were urgent. If not, the matter was to be placed before the Senior Vacation Judge for consideration. The petitioners argued that this order curtailed the jurisdiction of Vacation Judges under Article 226 of the Constitution and the Rules of Court.

Finding of the Court:

The Court held that the Chief Justice has the exclusive jurisdiction to allocate work to Judges and that in the absence of such allocation, a Judge cannot exercise the jurisdiction of the Court. The Senior Vacation Judge, while considering the report of the Additional Registrar (Listing), acts in the capacity of a Vacation Judge and has the jurisdiction to determine whether a fresh matter requires immediate attention. The Court further held that the Chief Justice's order did not curtail the jurisdiction of Vacation Judges, but merely regulated the assignment of work.

Issues: 1. Whether the Chief Justice has the power to allocate work to Judges during the summer vacation? 2. Whether the Senior Vacation Judge has the jurisdiction to determine the urgency of fresh matters? 3. Whether the Chief Justice's order dated 22-5-1997 curtailed the jurisdiction of Vacation Judges?

Ratio Decidendi: 1. The Chief Justice has the exclusive jurisdiction to allocate work to Judges and that in the absence of such allocation, a Judge cannot exercise the jurisdiction of the Court. 2. The Senior Vacation Judge, while considering the report of the Additional Registrar (Listing), acts in the capacity of a Vacation Judge and has the jurisdiction to determine whether a fresh matter requires immediate attention. 3. The Chief Justice's order dated 22-5-1997 did not curtail the jurisdiction of Vacation Judges, but merely regulated the assignment of work.

Final Decision: The Court dismissed the petitions and upheld the validity of the Chief Justice's order dated 22-5-1997.

S. P. SRIVASTAVA, J.

( 1 ) HEARD Sri Wajahat Hussain and Sri Ashok Bhushan learned counsel for the petitioners and Sri s. M. A. Kazmi, learned Special Counsel representing the respondents.

( 2 ) PERUSED the record.

( 3 ) THE Special Counsel representing the respondents has produced for the perusal of the Court, the original order passed by the Honble the Chief Justice dated 22-5-1997 published in the cause list of the Court on 29-5-1997 as well as the earlier order passed by the Honble Mr. Justice S. S. Sodhi, the then Chief Justice.

( 4 ) THE petitioner feels aggrieved by the order of the Honble the Chief Justice referred to herein above published in the cause list of the Court on 29 5-1997 and has approached this Court seeking quashing of the said order.

( 5 ) THE petitioner had been placed under suspension vide an order dated 7-5-1997, which is claimed to have been served upon him on 29-5-1997. Being aggrieved by the aforesaid order placing him under suspension he challenged the same by means of Civil Misc. Writ Petition No. 19903 of 1997.

( 6 ) THE Additional Registrar (Listing) acting pursuant to the order of the Honble the Chief Justice examined the application supported by an affidavit which accompanied the writ petition pointing out the urgency in the matter. Since the Additional Registrar (Listing) felt that the case was not urgent and could wait till the reopening of the Court, he placed the aforesaid application alongwith the record before the senior Vacation Judge for his consideration. The Honble Senior vacation Judge on consideration directed for the listing of the case for admission after the vacation. The result was that the case was not assigned for being disposed of to any ether vacation judge appointed by Honble the Chief Justice under the order dated 22-5-1997. It is in the aforesaid circumstances that the petitioner in Civil Misc. Writ Petition No 26006 of 1997 has sought for the quashing of the order of Honble the Chief Justice referred to hereinabove.

( 7 ) THE petitioner in Civil Misc. Writ Petition No 20082 of 1997 was also aggrieved by an order dated 26-5-1897, placing him under suspension and had challenged the same by means of Civil misc. Writ Petition No, 19910-A of 1997. In that case also the similar procedure was adopted as in she other writ petition referred to hereinabove and in this case also on 4-6-1997, the Senior vacation Judge passed similar order directing the writ petition to come up after vacation with the result that the writ petition was not assigned for disposal to any of the vacation Judges. The petitioner in this case has sought for the quashing the order of Honble, the Chief Justice as well as the order passed by the Senior vacation Judge. He has also prayed for a direction requiring the additional Registrar (Listing) to list the writ petition No. 19901-A of 1997 before the appropriate bench during the vacation.

( 8 ) TAKING into consideration the nature of the controversy raised in both the above cases, they were heard together and are being disposed of by this common order.


( 9 ) BEFORE proceeding further, it may be noticed that the Honble the Chief Justice S. S. Sodhi vide his earlier order had issued several directions which included a direction to the effect that all applications and petitions shall with effect from that date be filed in the Registry and shall be put up before the appropriate Bench along with the record and where any such application or petition was accompanied by an application setting forth the grounds of urgency necessitating the early hearing thereof the same shall be put up for hearing before the appropriate Bench alongwith the record on the date following the next date.

( 10 ) ON 22nd May, 1997, the Honble the Chief Justice passed an order relating to the programme of sitting during the summer vacations 1997 both at Allahabad and at Lucknow. A perusal of that order produced by the learned Special Counsel indicates that Honble Mr. Justice D. S. Sinha was





































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