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Judgment
We had directed the Registry to submit a report as to why CAN 2380 of 2018 in MAT 1712 of 2017 was not placed before this Bench automatically since this Bench has determination to take up the said application.
The reason that has been put forth by the Registrar (Administration) is based on a submission made by the Joint Registrar (Court) through his "note" dated 6th December, 2018, wherein he has stated that he had called for a report from the concerned A.C.O. of Court No.3 and the concerned A.C.O. had submitted that "due to huge pressure of work", he could not send the application, being CAN 2380 of 2018, in MAT 1712 of 2017 to the S.R. section in due time.
We are constrained to take note of the stand taken by the concerned A.C.O. "Huge pressure of work" cannot be an excuse. If the concerned A.C.O. is unable to handle "huge pressure of work", then he should simply quit. On the other hand, if he is thoroughly incapable, even then, he should quit. The concerned A.C.O., however, cannot give a reason that "due to huge pressure of work" he has not been able to perform his duty.
In such circumstances, we direct the concerned Registrar (Administration) to bring the entire matter to the notice of the Registrar General so that a general warning can be issued to all officers in the Registry that if they are unable to perform their duties citing "huge pressure of work" as a reason, it may be construed that they are either unwilling to perform their duties or are simply incapable of performing their duties for which they are receiving salary from the State exchequer. Those employees, who cite "huge pressure of work" as a reason for not being able to perform their duties up to the expectation of the Court, shall be given an option to voluntarily retire from service if the same is permissible in accordance with the extant rules governing their services.
The Registrar General shall take further steps in the matter in terms of the above direction.
In Re: CAN 2380 of 2018
Having heard the learned advocate for the applicant, we are satisfied that sufficient cause has been shown in the instant application to explain the absence of the learned advocate from being present in Court on 17th January, 2018, when the following order was passed:-
"None appears.
The application for condonation of delay in presentation of the appeal (CAN 9858 of 2017) stands dismissed for default.
In view thereof, the appeal need not be registered. The other application (CAN 9860 of 2017) too stands dismissed."
In such circumstances, the instant application for restoration, being CAN 2380 of 2018, is allowed.
The order dated 17th January, 2018, is hereby recalled and the matter is restored to its original file and number.
List this matter one week after Christmas vacation under an appropriate heading.