Judicial procedures for case listings must adhere strictly to established protocols to avoid improper actions by court staff.

CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER

12 04-12-2025 Pursuant to the order dated 30.10.2025, In-charge of the concerned Section along with other officials are present before this Court.

2. An explanation has been received from the concerned officials in compliance of previous orders dated 23.09.2025 & 30.10.2025 wherein a clarification was sought whether permission was obtained from Hon'ble the Chief Justice for listing Cr. Misc. No. 45270 of 2024 along with other matters. On 30.10.2025, a cryptic explanation was filed by the official concerned wherein it was mentioned that by way of a bench slip at Flag 'Z', it was directed to list this case along with Cr.W.J.C.No.1009 of 2023. However, the perusal of Flag 'Z' showed Cr.W.J.C. No. 1009 of 2023 was ordered to be listed on mentioning under appropriate heading after due verification. Today, in the explanation submitted by the office it has been mentioned that a bench slip of a learned Coordinate Bench was received in the office with regard to Cr. Misc. No.45270 of 2024 with noting that “Verify if not listed anywhere then list in batch of Cr.W.J.C. No. 1009 of 2023 in tied up list. List on 26.07.2024” and the said bench slip is at Flag 'Z' in Cr. Misc. No. 45270 of 2024. However, from the explanation, it appears no permission was obtained from Hon'ble the Chief Justice and on the strength of the bench slip of a learned Coordinate Bench with regard to Cr. Misc. No.45270 of 2024, the matter was listed along with Cr.W.J.C. No.1009/2023.

3. Since it was not a judicial order, the proper course of action for the office would have been to place the matter before Hon'ble the Chief Justice and after obtaining necessary permission, the matter should have been listed along with Cr.WJC No.1009 of 2023.

4. However, explanation submitted by the concerned official is accepted with warning to all concerned staff not to commit such mistake in future, otherwise stern action would be taken against them.

5. Let the matter be brought to the notice of the learned Registrar General for taking remedial measure at his end.

6. The learned counsel appearing on behalf of the respondents seeks time of filing rejoinder to the interlocutory applications filed by the petitioner.

7. It has been brought to my notice that counter affidavit of the State respondent is still awaited. The petitioner in-person also submits that vide order dated 06.11.2023, all the respondents were directed to file counter affidavit within four weeks. But the State has not filed counter affidavit.

8. However, as prayed for, by way of last opportunity, the learned counsel for the State-respondent is directed to file counter affidavit within four weeks.

9. List the matter on 22.01.2026.

(Arun Kumar Jha, J)