1

O R D E R
Yesterday i.e. on 25.8.2014, due to non-functioning of the
ACs installed in Court No.24, atmoshere of the Court !as so
humid and !arm that learned Ad"ocates including #enior
Ad"ocates, namely, $r. Anil %umar &i!ari, $ohd. Arif %han, 'r.
(.).$ishra, made comlain in this conte*t to the Court. +t may ,e
noted that $em,ers of the -ar ha"e regularly ,een ma.ing
comlaint a,out non-functioning of ACs of the Court, for !hich
-ench #ecretary !as directed to inform the concerned official/s0.
+t !as ,rought to our notice that se"en ACs /1i"e #lit AC and
&!o 2indo! ACs0 are installed in Court ,ut due to non-functioning
of 5 /fi"e0 ACs, the atmoshere of the Court is "ery harm and
humid.
%eeing in "ie! the an*iety of the learned $em,ers of the
-ar, !e summoned the #enior 3egistrar of this Court on
25.8.2014 and as.ed him to loo. into the matter and to get all
ACs reaired so as to ensure that 4udicial functioning of the Court
shall not ,e hamered due to non-functioning of the ACs installed
in the Court, other!ise, stern action ,e ta.en against him.
&oday i.e. 25.8.2014, !hen the Court is in session, anel of
one of the ACs installed a,o"e the litigants6 ro! in the Court fell
do!n on the head of one of the litigant7airo.ar, ,ut fortunately,
he sustained minor in4uries. &o our dismay, it is found that desite
the oral !arning gi"en to the #enior 3egistrar of this Court
yesterday i.e. 25.8.2014, the #enior 3egistrar failed to ma.e
sincere efforts to ensure roer functioning of the ACs.
&a.ing serious note of the facts, !e summoned the #enior
3egistrar again today and as.ed him as to !hy ACs are not
roerly reaired, desite oral direction gi"en ,y this Court
yesterday. &he ans!er of the #enior 3egistrar is not as such !hich
may imress us.
+t !ould ,e at to mention here that functioning of the
2
constitutional ,ody should not ,e ad"ersely affected on account of
certain lacuna of the administrati"e side in our 4udicial system.
&radition or ractice !hich affects the administration of 4ustice
!ithout any reasona,le cause should ,e remo"ed. &he highest
constitutional ,ody on 4udicial side of the #tate should ,e made
functional to its otimum le"el. +n other !ords, Courts should
function at all costs ,ut on account of non-functioning of ACs and
humidity and !armness in the Court, it ,ecomes "ery difficult to
discharge the 4udicial functions. +t may ,e added that #ri A. %.
$u.her4ee, !hen aeared ,efore us, instead of gi"ing assurance
for seedy reair of ACs, uttered 8dUVsEiV djuk gS rks dj ns A8 &hus, the
act of #ri A. %. $u.her4ee aears to ,e contumacious in nature.
1or the reasons aforesaid, office is directed to register a
criminal contemt case against $r. A.%. $u.her4ee, #enior
3egistrar, 9igh Court, (uc.no! -ench, (uc.no!, !ith the follo!ing
descrition:
Criminal $isc. Case No. /C0 of 2014
+n re:
$r. A.%. $u.her4ee, 9.;.#., #enior 3egistrar, 9igh
Court, (uc.no! -ench, (uc.no!.
(et a notice ,e issued to $r. A.%. $u.her4ee, 9.;.#., #enior
3egistrar, 9igh Court, (uc.no! -ench, (uc.no!, as to !hy a
roceeding under the Contemt of Courts Act should not ,e
initiated against him, fi*ing the case on 01.0<.2014. $r. A.%.
$u.her4ee !ill su,mit his rely on or ,efore 01.0<.2014.
(ist the matter on 01.0<.2014.
=$ahendra 'ayal,;.> =3a4i" #harma, ;.>
Order : 25.8.2014
3a.esh7-