Zile Singh Etc Etc vs. State Of Haryana

ITEM NO.2 COURT NO.1 SECTION IVB S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Petition(s) for Special Leave to Appeal (Civil) No(s).14425/2011 of The HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH) RAJ BAHADUR NAGAR Petitioner(s) VERSUS STATE OF HARYANA & ANR. Respondent(s) (With office report for direction) Date: 14/01/2013 This Petition was called on for hearing today. CORAM : HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE J. CHELAMESWAR HON'BLE MR. JUSTICE VIKRAMAJIT SEN For Petitioner(s) Mr. C.D. Singh, AOR For Respondent(s) Mr. Manjit Singh, AAG, Haryana

Ms. Charu Sangwan, Adv. Mr. Tarjit Singh, Adv. Mrs. Vivekta Singh, Adv. Mr. Kamal Mohan Gupta, Adv. Ms. Naresh Bakshi, AOR (NP)

UPON hearing counsel the Court made the following O R D E R

S.L.P. (C) No.14425 of 2011, Raj Bahadur Nagar v. State of Haryana & Another, was heard along with a large batch of matters and the judgment was reserved in the said matters on 17th January, 2012. Subsequently, it appears that counter affidavits were filed on behalf of the State of Haryana on 28th July, 2012. The Registry, thereupon, conducted an enquiry and came to a finding that the said counter affidavits had been filed by the Clerk of the learned Advocate-on-Record for the State of Haryana and that he had himself indicated that he had affixed the signature of Mrs. Bakshi, the learned Advocate-on-Record for the State of Haryana, on the filing index of the counter affidavit, without her knowledge. From the report, it appears that Ms. Charu Sangwan, Assistant Advocate General, State of Haryana, had also appeared in the matter and it was her Clerk, Mr. Manoj Kumar Gupta, who had filed the counter affidavits. According to Ms. Sangwan, who is present in Court, the said counter affidavits had been filed without her knowledge. The Registry has indicated that, ultimately, it is Ms. Charu Sangwan, who has to be held responsible for the acts of her Clerk and that she is neither an Advocate-on-Record or registered with the Supreme Court Bar Association, but is working on the roll of the State Government of Haryana.

Be that as it may, having gone through the Report of the enquiry conducted by the Registry, we are convinced that neither Ms. Naresh Bakshi nor Ms. Charu Sangwan, were personally responsible for

(From the judgement and order dated 12/10/2010 in RFA No.3181/1998

filing of the second set of counter affidavits on 28th July, 2012, and, accordingly, the matter as far as they are concerned, may be dropped.

|(Chetan Kumar) | |(Juginder Kaur) | |Court Master | |Assistant Registrar |