High Court of Judicature vs Ajay Kumar Srivastava

Mr. Pravin H. Parekh, learned senior counsel appearing on behalf of the appellant has today filed before us four bound volumes containing material which according to him was considered by the Standing Committee of the High Court and by the Full Court while taking a decision regarding the compulsory retirement of the respondents. Learned counsel for the respondents however submits that the said material was never put up either before the Standing Committee or the Full Court and that the assertion that the said material was actually considered by the Standing Committee and the Full Court is factually incorrect. He submits that the minutes of the meeting of the Standing Committee make it amply clear that only such of the files as are mentioned in the Agenda column of the minutes were put up for consideration and not the entire material which is now sought to be introduced by the appellant.

Mr. Parikh disputes this position and seeks a short adjournment to place on record an affidavit and a copy of the Agenda circulated for the meeting of the Standing Committee and the Full Court together with a set of the material that was presented to the Standing Committee and the Full Court. He may do so within four weeks.

List again in the month of January, 2017.

We make it clear that the appellant shall be free to urge all such contentions as are otherwise open to them.