The Allahabad High Court has observed that quasi-judicial authorities of various departments are not allotting case number/ computer case number on the date of the institution of proceedings under various Acts/Rules/Regulations or Government Orders, which is causing delay and harassment in identifying the cases, such practice is also improper and contrary to procedure.
A single-justice bench of Justice Prakash Padia heard the petition filed by Babu Ram.
Against the order dated 15.06.2022 passed by the Sub Divisional Magistrate, Jansath District Muzaffarnagar/ respondent no 3 statutory appeal as provided under Sub-Section 1 of Section 13 of the UP Essential Commodities (Regulation of Sale and Distribution Control) Order, 2016 was filed by the petitioner before the Commissioner, Saharanpur Division Saharanpur on 24.06.2022.
The appeal was transferred by the office of the Commissioner, Saharanpur Division Saharanpur to the Joint Commissioner (Food) Saharanpur Division Saharanpur/respondent no 2 and, thereafter, respondent no 2 duly passed an order on 19.07.2022 by which the records of the court below were called for along-with para-wise comments fixing on 23.08.2022.
The Court observed,
Though a judicial order was passed by the respondent no 2 in the aforesaid appeal but from perusal of the aforesaid, it transpires that case number as well as computer case number was not mentioned in the aforesaid order.
It has come to the notice of the Court that the quasi-judicial authorities of various departments are not allotting case number/ computer case number on the date of the institution of proceedings under various Acts/Rules/Regulations or Government Orders which is causing delay and harassment in identifying the cases. Such practice is also improper and contrary to procedure.
In the circumstances, the Chief Secretary, UP Government, Lucknow is directed to issue proper directions/circulars within a period of two weeks directing quasi-judicial authorities to allot case number/ computer case number to all proceedings on the date of presentation of application/appeal/revision etc.
The Court said that, in so far as the case is concerned. The appeal was filed well within time, namely on 24.06.2022. The aforesaid appeal has also been entertained as per the procedure quoted above, the appellate authority should decide the same within a period of 60 days.
In the facts and circumstances of the case, the Court directed that the respondent no2/Joint Commissioner (Food) Saharanpur Division Saharanpur to decide the appeal most expeditiously and preferably within a period of two months from the date of production of certified copy of this order in accordance with law but certainly after giving opportunity to the parties concerned and without granting unnecessary adjournments to either of the parties, if there is no legal impediment.
“The action taken report will be filed by the Chief Secretary, UP Government, Lucknow in the Court on or before 19.09.2022.
The Registrar General is directed to communicate a copy of the order to the Chief Secretary, UP Government Lucknow for compliance within five days,” the order reads.
The Court has fixed the next hearing of the petition on September 19, 2022.