The Bombay High Court today recalled an order of a division bench which had directed disciplinary action against a member of the court staff.
The full bench of Chief Justice Mohit Shah and justices P V Hardas and V K Tahilramani recalled the order passed by a division bench.
"The learned judge who passed the order did not have such powers," observed the Chief Justice.
On January 28, the division bench headed by Justice S C Dharmadhikari had ordered action against the court's registry staff for failing to place before it an affidavit related to a case.
The division bench had observed that such lapses were "happening in most of the matters on the original side", and it had inconvenienced the court and the litigants.
It had also directed that a noting should be made in the annual confidential report of the registry staff.
However the full bench today held that the judge in division bench could not have issued warning to the concerned staff including noting in the confidential report, as per the settled legal position and constitutional scheme.
"This is not to say that absence of diligences or lapse on the part of the staff is not to be regularised," the Chief Justice added.
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