HC orders probe into missing judicial record in Ludhiana courts
Chandigarh, July 11 -- The Punjab and Haryana high court has ordered an inquiry into the disappearance of documents from a judicial file in Ludhiana district courts.
The high court bench of justice Harsh Bunger directed district and sessions judge, Ludhiana, that a fact-finding inquiry be conducted and responsibility of the officials concerned be fixed and same be communicated to the HC.
The direction came while dismissing a petition against a lower court order, wherein plaintiff was permitted to prove the document by way of secondary evidence or by producing the original.
The case stems from a recovery of Rs.32 lakh for which a gurdwara had filed a recovery suit against a former office bearer. It was based on a report prepared by a three-member committee that looked into the allegations of embezzlement of funds.
During the proceedings in court, the gurdwara filed an application seeking directions to the civil ahlmad (record keeper) to trace the three-member committee report as it was found missing from the judicial file. The civil court disposed of the application, asking the petitioner to provide secondary evidence or the original record.
During the proceedings of a petition filed to challenge this order, the HC has now ordered an inquiry.
The court observed that an inquiry by the district court has stated that original documents were returned and only a photocopy of the same was retained on the file.
"..it would still be a matter of concern as to why the said photocopy of the said document is missing from the record. The said lapse is required to be inquired into," the high court said while ordering theconstitution of a fact-finding committee....
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