Full Judgment Text
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PETITIONER:
HON’BLE CHIEF JUSTICE, HIGH COURT M. P. JABALPUR
Vs.
RESPONDENT:
MOHAN KUMAR
DATE OF JUDGMENT23/08/1993
BENCH:
PANDIAN, S.R. (J)
BENCH:
PANDIAN, S.R. (J)
KULDIP SINGH (J)
CITATION:
1994 SCC Supl. (2) 602 1993 SCALE (4)656
ACT:
HEADNOTE:
JUDGMENT:
ORDER
1.We are in a state of extreme pain on receipt of a
distress signal sent by the learned Chief Justice of Madhya
Pradesh by his letter dated August 6, 1993 informing this
Court that the judicial work in the State of Madhya Pradesh
in all the three Benches and the judicial administration at
the State level have virtually come to a grinding halt for
the reasons mentioned in the letter and requesting this
Court to take notice of the present unpleasant and unsavoury
situation and transfer the public interest litigation
initially registered as N.P. No. 1532 of 1993 at Indore and
subsequently transferred to the main seat of the High Court
at Jabalpur and re-registered as N.P. No. 3077 of 1993 by
exercising the powers under Article 139-A(2) of the
Constitution.
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2.Though we are quite aware of the legal position that
this Court is not having any supervisory control over the
administration of a High Court, yet in order to keep the
machinery of the institution on move and also in order to
avoid any further complications, we are constrained to make
the following order:
3.Under this circumstance the learned Chief Justice of
Madhya Pradesh shall call for a Full Court meeting of all
the Hon’ble Judges of all the three Benches, namely,
Gwalior, Jabalpur and Indore on August 28, 1993 at 3.00 p.m.
in the court premises at Jabalpur. If the learned Chief
Justice, for any reason, is unable to attend the meeting,
the said meeting shall be presided over by the seniormost
puisne judge present.
4.In the said meeting an Administrative Committee
consisting of seven Judges of all the Benches of the High
Court including the learned Chief Justice shall be
constituted.
5.The Committee shall comprise of two Judges from each of
the Benches of the High Court and shall be presided over by
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the learned Chief Justice. This Committee shall be
constituted/elected/selected by the Full Court.
6.The said Committee shall function up to December 31,
1993 looking after the transfer of Subordinate Judges and
shall be responsible for the administration including the
transfers of the subordinate judiciary. This Committee
shall be in supersession of the earlier Administrative
Committee and the Transfer Committee.
7.We direct a notice be issued to the Registrar of the
High Court of Jabalpur directing him to submit a report on
or before September 2, 1993 intimating the results of the
proceedings of the meeting and the action taken thereon.
8.At this stage Mr S.K. Agnihotri accepts notice on
behalf of the Registrar as well as of the learned Chief
Justice of Madhya Pradesh. Mr S.A. Gambhir appearing with
Mr A. Mathur accepts notice for Mr Mohan Kumar, respondent
herein.
9. The Registry is directed to send this order to the
learned Chief Justice and to the Registrar of the High
Court by telex/fax and also by the normal method.
10. Meanwhile, there will be a stay of the proceedings in
the said M.P. No. 3077 of 1993 pending in the High Court
of Jabalpur. The transfer orders of the Subordinate Judges
pursuant to the order dated July 17, 1993 are suspended.
11. List the matter on September 2, 1993 before the same
Bench. If the same Bench is not sitting on that day, list
the matter in the chambers at 1.30 p.m.
12. Copy of the order may be given today itself.
Court Master
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