Failure to Transmit Trial Court Records Leads to Five-Year Delay: Punjab and Haryana High Court Orders Immediate Resolution - 2025-02-05

Justice Delayed for Five Years: High Court Raps Procedural Apathy in Amritsar Courts

In a scathing rebuke of administrative negligence, the High Court of Punjab and Haryana at Chandigarh has ordered the immediate disposal of a five-year-old appeal that had remained stagnant due to the failure of court officials to transmit official records. Justice N.S. Shekhawat, presiding over the matter involving Amandeep Singh vs. Preet Industries , pulled no punches regarding the systemic failures that deprived litigants of their right to a timely resolution.

The Five-Year Standoff

The controversy centers on an appeal, CRA/6/2020 , which was registered on January 4, 2020, following an initial trial court decision dated December 5, 2019. Despite both the trial court and the appellate court being located within the same district of Amritsar, the transition of records—a standard administrative procedure—never took place.

For half a decade, the case languished while the Appellate Court merely issued routine orders for the requisition of records. It was only after current intervention by the High Court that the urgency of the situation became apparent, eventually leading to the successful retrieval of the record on January 23, 2025.

Accountability and Administrative Fallout

The High Court’s intervention triggered an internal inquiry by the District and Sessions Judge, Amritsar. The results were concerning: officials had failed to issue mandatory dockets for the requisition of records, and presiding officers assigned to the case over the years had failed to exercise effective oversight.

Justice Shekhawat noted that "disciplinary proceedings have been initiated against Sh. Sahil Sharma, Sh. Rajinder Kumar, and Sh. Tejinder Sharma" for their role in the clerical lapse. However, the Court went further, emphasizing that the burden of accountability lies equally with the judiciary itself.

Key Observations

The judgment serves as a stern reminder of the court's duty to prioritize the rights of litigants. Justice Shekhawat stated:

• "It is shocking to note that for the last five years, the record has not been received by the Appellate Court from the Trial Court, inspite of the fact that both the Courts are situated at Amritsar, only."
• "It is really painful to notice that the Presiding Officers of the Appellate Court had passed routine orders and did not bother to take any effective steps for summoning the lower Court record."
• "Such negligent act on the part of the judicial officers is totally unacceptable, which amounts to denial of speedy justice to the litigants, who approached the Court with the hope that justice shall be delivered to them at the earliest."

A Decisive Mandate for Resolution

The High Court has directed that the pending appeal must be decided on its next scheduled date, April 1, 2025, or within a single week thereafter. The Court explicitly forbade the Appellate Court from granting further adjournments under any circumstances.

By demanding immediate action and ensuring that the District and Sessions Judge circulates the findings to all past presiding officers, the Punjab and Haryana High Court has set a clear precedent: internal procedural failures will no longer be tolerated at the expense of the public’s access to justice. This ruling marks a significant push towards operational efficiency within the lower judiciary, ensuring that the wheels of justice turn—rather than stall—in the future.