9911796707
TMI Blog1996 (8) TMI 566X X X X Extracts X X X X X X X X Extracts X X X X ..... urt of Patna held a meeting on 29.6.1995. Thereafter, the matter was considered by the Full Court (High Court of Patna) on 22.7.1995. The Full Court decided not to give extension to the appellant beyond the age of 58 years. Aggrieved by the same, the appellant filed C.W.J.C. No. 7401/95 in the High Court. By judgment dated 14.2.1996, a learned single Judge disposed of the writ petition with the observation that the appellant may make a representation before the Hon'ble Chief Justice of the High Court with a prayer to place his case before the Full Court for reconsideration. As per orders of the learned Chief Justice on the administrative side dated 1.3.1996, the Registrar General, High Court of Patna, filed Letters Patent Appeal (LPA) N ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... and it is based on the misrepresentation contained in the notes of Registrar (Inspection; dated 4 4.1996, an erroneous impression was given to the Chief Justice that the appellant filed the LPA against the decision of the learned single Judge, certain directions were given by the learned Chief Justice which has resulted in manifest injustice to him. In view of the above averments, a Bench of this Court, by order dated 9.7.1996 issued notice to the Registrar General, High Court of Patna, and directed that the entire papers may be placed before this Court for perusal at the next date of hearing. Accordingly, the matter came up before this Court on 12.8.1996. 4. We heard counsel. At the time of hearing of the appeal, it is common ground ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d the LPA against the decision of the learned single Judge and that erroneous impression has resulted in the learned Chief Justice giving certain directions in the matter. Certain vague and wild allegations have been made against the then Registrar General and other officers of the Registry to the effect that the said officers misled the learned Chief Justice to further their selfish ends and to harm the appellant. 7. The Registrar General in the counter-affidavit dated 9.8.1996 has denied the above allegations. The context in which a wrong noting was made by Registrar (Inspection) dated 4.4.96 has also been explained. The entire files were placed before us. We perused the entire files. It is seen that the learned Chief Justice, High C ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 1.3.1996 the learned Chief Justice has directed the Registry to file an LPA through the Registrar against the judgment of the learned single Judge rendered in C.W.J.C. No. 7401/95, and (ii) it was thereafter on 4.4.1996, the Registrar (Inspection), by office note dated 4.4.1996 sought direction of the learned Chief Justice regarding the posting of the case. The Chief Justice was aware at that time that LPA No. 298/96 was filed against the judgment of the learned single Judge as per his orders and that earlier he had directed the posting of the case before the Division Bench presided over by Mr. Justice Pandey, and further direction was sought since the constitution of the Benches had changed with effect from 1.4.1996. It was in such circums ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... any attack as stated in the SLP. 11. Along with the SLP, the appellant has filed a copy of the office note submitted by Registrar (Inspection) dated 4.4.1996 before the learned Chief Justice for consideration of the Chief Justice. In the affidavit of urgency (available at pages 52 to 55) filed by Sri Rajendra Kumar Jain, son of the appellant, the said office note (available at pages 54 and 55 of the paperbook), has been reproduced. We questioned counsel for the appellant as to how the appellant was able to produce a copy of the office note dated 4.4.1996. The appellant having produced the said document, a duty is cast on him to explain the source from which he obtained the said copy and in what circumstances he could obtain the same. T ..... X X X X Extracts X X X X X X X X Extracts X X X X
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