Professional & Knowledgable Law Team

Friday, January 18, 2013

Punjab and Haryana High Court releases new rules for transfer of cases

Chandigarh, January 17 The Punjab and Haryana High Court has come out with a new set of rules and instructions on issues such as transfer of cases from one Bench to another and filing of written statements or replies.

The High Court Registrar-General has asserted that applications for transferring cases from one Bench to another have to be made on the judicial side. The Registrar-General has asserted some advocates, and even parties to litigation, were filing applications on administrative side before the Chief Justice for transfer of their cases from one Bench to another "on account of certain reasons".

The Registrar-General has added: "It is brought to the notice of all the members of the Bar and the general public that advocate/parties at the first instance may move on the judicial side in case transfer of a case is sought, by filing appropriate application before the Bench concerned, instead of moving an application on the administrative side before the Chief Justice".

The Registrar-General has also made it clear to the authorities concerned that their identity and credentials have to be specified in no uncertain terms in the replies and written statements, lest these are turned down by the branch concerned.

"It has been observed that despite earlier directions, in written statements and replies filed in this Court on behalf of the respondents, the authorised officers, who sign on such replies, do not display their identity and sign the same without mentioning their names and designation.

"The officers concerned, who sign the written statements/replies must disclose their complete identity, failing which the written statements/replies will not be accepted… Any official accepting such replies in contravention of these instructions will be held liable for disciplinary action.

Chief Justice Arjan Kumar Sikri has also made leave arrangements of Single Bench dealing with writ, civil and criminal roster. Chief Justice Sikri has made it clear that dates in ordinary motion cases will be given by the Court Master of the Court after seeking directions from the Bench when a Judge sitting singly is not holding Court. In case of urgency in ordinary motion cases, request for listing the case on the same date can be made before the Registrar (Administration) by the advocate or the party concerned.

Service benefit given
The Punjab and Haryana High Court has found faults with its own interpretation of rules on the administrative side. Dealing with the "promotion" case of judicial officer Jagdeep Singh Marok, a Division Bench has asserted on the judicial side that the interpretation placed by the High Court on the administrative side was "erroneous". Marok had asserted that he has wrongfully ignored for promotion to the post of Additional District Judge by the High Court.

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