‘Injustice anywhere is threat to justice everywhere.Justice delayed Justice denied Curse of adjournment is a creation of advocates unless punished
Bhagwan DassAhuja MA(Econ)LLB LLM Esq
Indian Attorney & Counselor at Law Master of Laws LLM - Beasley School of Law Temple University Philadelphia Pennsylvania ???????? ?????? ????????? ??????, ?????????? ???? ?? ??? ???????????? ??????
Appeal u/s 96 of Civil Procedure Code against Judgment & decree dt 16/11/2009 was allowed.Very interestingly, learned counsel for the Bank candidly conceded that if we look at the State Bank of Patiala (Officer's)Service Regulation,1979,which governs the services of the plaintiff-officer "there is no such rule provided for treating of long absence from services amounts to abandoned from duty or treating any officer to have voluntarily resigned from the services.He also further conceded that no enquiry was conducted against the plaintiff-officer. No charge sheet was served, Officer was not given any opportunity of being heard.When he came back from leave to report for duty he was allowed to do so treated him resigned whereas he never resigned nor had any intent to do so.
The findings returned by the learned lower court by virtue of impugned judgment were set aside, impugned orders dated 23/07/1997 passed by the defendant Bank also set aside & finally cross objections filed by the defendant Bank were disposed of accordingly.Judgment was pronounced on 17/10/2012 in favor of Bhagwan Dass Ahuja in toto.
But the defendant Bank filed an appeal against the impugned judgment in 2013 kept the Respondent in dark until 2017 for 4 years even when fresh notice was ordered to be issued vide order dated 25/08/2013 but learned counsel for the appellants didn't comply with the order of the Hon'ble High Court of Punjab and Haryana at Chandigarh, secured smartly an order to stay the operation of the impugned judgment on 10/05/2013 and kept behind the back of the Respondent & learned counsel for the appellants apologized on record for the lapse occurred in his office but his request for leave to serve the respondent thru Email was accepted since it was disclosed after 4 years to the Hon'ble High Court that respondent lives abroad but was subject to payment of costs of Rs.10,000/- in each of the RSA 1274 of 2013 and RSA 1275 of 2013 to be deposited by Bank in Punjab State Legal Service Authority.
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In compliance the respondent Senior Citizen now over age 75 went all the way from the United States to appear as party in person, submitted his written arguments taken on record, copy given to the learned counsel for the appellants, Lower Court Record was requisitioned, arguments were heard Judgment was Reserved on 26/09/2017. Respondent upon request was allowed to go back to the United States when he expressed full faith in the Judiciary stating that he has no objection if the judgment is pronounced in his absence on merits.But before Judge Retired revised orders on 02/11/2017 as"Released from part heard. List as per Roster".Since then"Tareekh pe Tareekh" & the case has been hanging fire for the past 8 years.
Since 2019, case is preponed a week or so before actual date without notice to the respondent, adjourned with 4/6 months date. Next date only appears but no interim orders are posted at the website. When will the case be decided during his life or after his death