FULL COURT SEES SERIOUS LAPSE IN INCUMBENT’S FAILURE TO DELIVER JUDGEMENT ON CONSUMER CASE LISTED FOR JUDGMENT IN NOV 2010
GANGTOK, 18 June: The Registrar General of the High Court of Sikkim has come under the High Court scanner after a full court of the High Court found ‘gross irregularities’ and ‘serious dereliction of duties’ during his tenure as President, District Consumer Disputes Redressal Forum, East. The Registrar General, SW Lepcha, has accordingly been placed under suspension with immediate effect pending disciplinary proceedings.
The High Court of Sikkim called a full court meeting [Chief Justice Permod Kohli and Justice Sonam P Wangdi] to consider the “lapse” and passed a full court resolution placing the Registrar General under suspension.
The full court, in its resolution adopted today, considered the Registrar General’s failure [during his term as President District Consumer Disputes Redressal Forum, East] in delivering a judgment in a Consumer Case dating back to the year 2008. The case in question is Consumer Case No.1 of 2008, Amit Kumar Agrawal versus the Branch Manager, ICICI Bank.
The final arguments for this case were heard on 30 October 2010 and the case posted for judgment on 27 November 2010. This judgment was never pronounced, and as per the minutes of the full court meeting of today, Mr. Lepcha also kept the concerned file with him for more than two years since “even when he was transferred from the post” on 15 December 2010 and placed as Registrar General, High Court of Sikkim.
The High Court, in its resolution, records, ‘…in view of seriousness of the lapses, it is resolved to place Mr. S W Lepcha, Registrar General, High Court of Sikkim, the then President, District Consumer Disputes Redressal Forum, East and North at Gangtok under suspension with immediate effect, pending disciplinary proceedings’.
During the period of suspension, Mr. Lepcha will report to the Registrar General In-charge of Sikkim High Court even as ‘the original records be sealed and kept in safe custody,’ the full court directed the Registry.
The full court has directed the registry of the High Court to forward the ‘Order of Suspension’ to the Governor in accordance with the Rules. In view of the suspension of the incumbent Registrar General, the Registrar of Sikkim High Court NG Sherpa has been directed to hold charge of office of the Registrar General till further orders.
Looks like the judiciary in Sikkim is undergoing a much awaited upheaval!!! May these actions throw light on hard working and conscientious judges and make the laggards in the system take a look within and work harder.
ReplyDeleteoh my,some news on the judiciary of Sikkim finally!! Good that a new Chief Justice was put in place and that he is keen to streamline the workings of the courts here, if the present CJ had not come then one would never have come to know about these discrepancies going on within a system so exalted and held in high esteem by all!! and it must seem like a deluge to everyone involved , the resignation of a senior judge who was apparently on extended time and now the RG ...looks like its a total shake up!
ReplyDeleteTashi Wangdi was a good judge at the end of the day, whatever his lapses. He relied more upon an innate sense of fair play to guide him rather than legal technicalities. He also refused to be intimidated by political powers during his long tenure as a judge. I would think it would be a great injustice that he should be remembered otherwise.
ReplyDeletelets believe what u say.....but the inspection team seems to have found lots lots of things amiss!!!! and as a judge are you not supposed to stick to legal technicalities!!! if one were not to go by laws as laid down in the constitution of India and work with a constitutional vision of justice then it wuld surely be a banana republic and tthe whole country would be one Khap panchayat!!!!!
DeleteIf a consumers court takes more than five years than what is the use of such a court. As per the law a case in consumers court is suppose to be disposed within six months. But the judge don't care. A consumer itself is harreshed in the consumers court. In the said case how could the judge retain the file with him. Once he was transferred from the consumers court he had no authority to take the file along with him.
ReplyDeleteNot just consumer courts but other ordinary matters which can be disposed off as easily should be done......in both the above mentioned cases, it appears there was complete dereliction of duty by the judicial officer on whom the public depends with so much faith!!
ReplyDeleteDo not blindly follow what the media just publishes...it is meant to mould public opinion and moulding they are.
ReplyDeleteThrough out his career he dealt with all the cases without partiality. There was never any allegations against him and as ive been made aware through certain sources Mr.Lepcha was battling ill health during his tenure as the president of the District Consumer Forum.Despite of which he was also performing the duties of District and Session's Judge with due diligence and HONESTY...Given the circumstances It does become humanly possible for a person to have committed a single mistake in his otherwise flawless career...
Lastly I would like to add that before anybody contests whatever statement I've made here i would welcome you to do so provided you have any evidence to back up that claim...do some research be informed not just opinionated by this one particular article...