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2023 Supreme(All) 2731

IN THE HIGH COURT OF ALLAHABAD
SAURABH SHYAM SHAMSHERY, J.
Shamsuddin - Petitioner
Versus
State Of U.P. and ors. - Respondents
WRIT B NO. 2066 OF 2023.
Decided On : 14-07-2023

Advocates appeared:
For the Petitioner: Najam UZ Zaman Khan, Mashhood Abbas
For the Respondent: C.S.C., Anil Kumar Mishra

Headnote:(A) Relevant authority and procedures for record-keeping - There are serious inadequacies in the manual documentation practices of public officials in the 21st century, evidenced by an illegible order passed by a Deputy Director of Consolidation. (Paras 1-3)

(B) Duty of clarity in administrative communication - The court emphasizes the necessity for legible documentation and effective communication from public officers to ensure transparency and accountability.

Facts of the case:
The petitioner challenged an order from the Deputy Director of Consolidation, which was found to be illegible and ineffective, causing confusion among legal counsel.

Findings of Court:
The Court directed the Deputy Director to issue a clear, legible order within three weeks.

Issues: The primary issue was the legibility and clarity of the order passed by a public official.

Ratio Decidendi: The court reiterated that public officials must ensure clarity and legibility in their documentation, particularly in a modern, technologically advanced society.

Result: The Deputy Director is directed to reissue a legible order within the specified timeframe.

Table of Content
1. legibility of court orders is essential. (Para 1 , 2)
2. court mandates clarity in order documentation. (Para 3 , 4)
3. timeline and compliance for order issuance set. (Para 5 , 6 , 7)
4. impugned order's legibility questioned. (Para 8)

JUDGMENT

Saurabh Shyam Shamshery, J.

The Court is amazed that Deputy Director of Consolidation, Jaunpur, in the 21st century, when Bharat is in process of 'Mars Landing', has passed a short impugned order in his own hand writing which is absolutely illegible, when there are other options available such as by using computer or voice typing, however, the Officer has not used it.

2. Learned counsels appearing for rival parties even members of bar present in Court, are not able to correctly read out the entire order running into just 25 or 30 lines.

3. Therefore, the Deputy Director of Consolidation, Jaunpur, is directed to pass an order which shall be legible either in clear hand writing or by computer typing.

4. The aforesaid exercise shall be done within a period of three weeks and a certified copy thereof shall be provided to petitioner thereafter free of cost, which shall be placed before this Court.

5. Put up this petition after six months.

6. A copy of this order shall be sent to Consolidation Commissioner, Lucknow, Uttar Pradesh as well as to Deputy Director of Consolidation, Jaunpur.

7. Registrar (Compliance) to take steps.

8. Scanned image of certified copy of impugned order is pasted below :-

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