CHIEF JUDICIAL MAGISTRATE, WARDHA Vs. U.B. DHANDE

JUDGEMENT

(1.) THESE proceedings illustrate how judicial action can be frustrated by administrative inaction or negligence.

(2.) THE present proceedings under the Contempt of Courts Act, 1971, were initiated by this Court by an order dated 5th October 1982 on a reference made by the Chief Judicial Magistrate, Wardha.

(3.) THE learned District and Sessions Judge, Wardha, mechanically forwarded the papers to the Registrar, High Court, Appellate Side, Bombay. Though he did so promptly and forwarded the papers on the same day on which he received them, he failed to note that it was a judicial matter which should have been forwarded to the office of the Nagpur Bench within the jurisdiction of which the matter arose. The Registry of Bombay made their own contribution to the delay. From the endorsement appearing on the forwarding letter sent by the District Judge, Wardha, it appears that the Registrar, High Court, Appellate side, Bombay, received the record on 12th July 1982. No steps, however, were taken to forward the record to this Bench for necessary action till 7th September 1982 by which time the remaining two violations of the order in question also went beyond the period of one year contemplated by section 20 of the Contempt of Courts Act, 1971. It appears that the concerned officers in the office of the Registrar, High Court, Appellate Side, Bombay, did not apply their mind to the matter and failed to note that it was a reference under the Contempt of Courts Act, 1971, of which, as contemplated by section 20 of the Contempt of Courts Act, the Court is expected to take cognizance before expiry of one year from the date or dates on which the contempt was committed.