HIGH COURT OF M.P. Vs. MAHESH PRAKASH

JUDGEMENT

(1.) THIS is an appeal by special leave which was filed by the High Court of Madhya Pradesh against the judgment and order of a Division Bench of the Madhya Pradesh High Court on a writ petition filed by the first respondent. By reason of the order dated 17.8.1994 the Secretary to the Government of Madhya Pradesh, Law and Legislative Affairs Department, Ministry of Law, was impleaded, upon his own application, as the second appellant.

(2.) THE order under challenge states that the first respondent shall be deemed to have been confirmed in the post of Civil Judge, Class -II with effect from 5.2.1973 and, in that behalf, quashes the resolutions or decisions of the Full Court on 5.2.1973, 27.7.1974, 26.4,1976 and 5.51985.

(3.) HE has adequate knowledge of the procedural and substantive law, both civil and criminal, and he endeavours to follow the same correctly. His judgments, both civil and criminal, are in proper form and fairly well written. At the stage of evidence in civil suits, he was found to have failed to record the hours between which evidence was recorded and to have deviated from Rule 133 of the Civil Courts Rules. The provision regarding opening of cases at that stage was also found to have been ignored by him. His order sheets were found to have been written mostly by the Court clerks. His judicial diary was not judiciously arranged. More than sufficient work was found to have been fixed. Periodical inspections were not thoroughly done by him.