High CourtsSingle Bench(2023) 08 OHC CK 0084

Manoj Kumar Patra vs State Of Odisha

Orissa High Court · Decided on 16 August 2023

HON’BLE JUDGES
V. Narasingh, J
CASE NUMBER
Bail Application No. 632 Of 2023

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Judgment

18 paragraphs · 409 words

V. Narasingh, J

1.

Perused the note submitted by the learned Registrar (Judicial) and the explanation of the concerned Superintendent.

2.

In the case at hand by order dated 28.06.2023, a report was called for from the learned trial Court regarding the compliance of an earlier order passed by this Court 12.01.2023 in BLAPL No.7813 of 2022 and the case was directed to be listed on 27.07.2023.

3.

On examination of the record, it came to the fore that though this Court called for a report on 28.06.2023 from the learned Court in seisin, the same was sent by the Registry on 25.07.2023, about one month after the direction.

4.

Taking note of the same, this Court called for an explanation from the Superintendent as well as the Dealing Assistant as to why action should not be initiated against them for violation of the Court’s order for which, case suffered adjournment.

5.

The Dealing Assistant (D.A) submitted his explanation but curiously enough, the Superintendent did not submit any explanation and only mechanically forwarded the explanation of D.A as submitted.

6.

The order passed on 04.08.2023 for convenience of ready reference is extracted hereunder.

“1. Perused the explanations submitted by the Superintendent and the Dealing Assistant.

2.

The explanation submitted by the Dealing Assistant is at Flag-A. She is advised to be more vigilant in future.

3.

Curiously enough, there is no explanation from the Superintendent regarding his patent lack of supervision which is exemplified by the way he mechanically forwarded the explanation of the Dealing Assistant. This Court disapproves such conduct.

4.

Registrar (Judicial) is requested to deal with the matter on the administrative side and action taken be placed before this Court in the disposed of matter, to consider if any follow up action need to be taken.

5.

Put up this matter on 11.08.2023.”

7.

The concerned Superintendent has submitted an explanation which is at Flag-B owning up responsibility and assuring not to commit such mistake in future.

8.

Considering the same, notwithstanding the serious lapse, this Court refrains from directing initiation of Disciplinary action against the Superintendent with the fervent hope that the concerned Superintendent shall mend his ways and shall not repeat such dereliction in future.

8(A).  The matter is closed. His explanation be kept on record.

9.

The Concerned Superintendent is advised to be diligent in future.

10.

The learned Registrar (Judicial) is requested to communicate “para-9 as above” to the concerned Superintendent.

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