Dr.Ajay Sihag vs State Of Rajasthan And Others

Sanjeev Prakash Sharma, J

Instant review petition has been filed pointing out that on account of typing mistake, an order passed in SB Civil Writ Petition No.4942/2021, Dr. Ajay Sihag Vs. State of Rajasthan & Anr., dated 22.04.2021, as dictated in open court, was typed out by the concerned Stenographer as order in SB Civil Writ Petition No.4956/2021, Ramdayal Vs. State of Rajasthan & Ors. and the order passed in open court in the case of Ramdayal Vs. State of Rajasthan & Ors. which was listed on the same day, was typed out as an order passed in SB Civil Writ Petition No.4942/2021.

The review petition came up before this Court on 24.08.2021 and this Court directed to tag SB Civil Writ Petition No.4956/2021 and show the name of Mr. Rahul Tiwari, who is counsel in the said writ petition.

Learned counsel, in the said writ petition, Mr. Rahul Tiwari, who is present in the Court, agrees that the order has been typed out wrongfully and the actual order passed in SB Civil Writ Petition No.4956/2021, Ramdayal Vs. State of Rajasthan & Ors. is the order which has been typed out as the order in SB Civil Writ Petition No.4942/2021.

This Court notices that both the orders have been typed by the same Stenographer and he has also erroneously mentioned both the orders as Item No.31, whereas on the said date, the SB Civil Writ Petition No.4956/2021, Ramdayal Vs. State of Rajasthan & Ors. was listed at Item No.32 and SB Civil Writ Petition No.4942/2021, Dr. Ajay Sihag Vs. State of Rajasthan & Anr., was listed at Item No.31.

In view of above, this Court is satisfied that on account of mistake committed by the concerned Stenographer, the petitioner should not be made to suffer. The orders passed in the writ petitions do not relate to the said cases and therefore, they cannot be allowed to be sustained in the respective writ petitions, therefore, in the interest of justice, the orders which have been passed on 22/04/2021, deserve to be recalled.

In view of above and on the basis of contents of review petition, this review petition is allowed. The said writ petition bearing No.4942/2021 shall be restored to its original number.

The concerned Stenographer, who has typed out the orders namely, Mr. P.C. Gupta holding the post of Private Secretary and who was attached to this Court on that day, has committed a serious delinquency which amounts to interference in dispensation of justice. The orders passed by the Court have been recalled solely on account of such mistake/delinquency committed by the concerned Stenographer and the writ petitions have been directed to be listed again for admission. The Stenographer is of the rank of Private Secretary and cannot be allowed to act recklessly and type the orders of one case in file of another case. The Stenographer is the post of Senior Rank of Private Secretary and it is expected more from a Senior Officer to act diligently and carefully as the entire court functioning rests on his responsibility towards his work. Such an irresponsible behaviour is not required to be left unnoticed.

Accordingly, the Registrar General is directed to place the matter before Hon'ble the Chief Justice for suitable departmental action against the concerned Private Secretary, as he may so choose. A copy of this order be sent to the Registrar General.

In view of the order passed hereinabove, a suo motu review of order dated 22.04.2021 passed in SB Civil Writ Petition No.4956/2021 requires to be passed. Registry is directed to list the Writ Petition No.4956/2021 in the Court registering a suo motu review petition with showing name of Mr. Rahul Tiwari. A copy of this order be placed in the file.