# REMOVAL OF RECORDS FROM COURT

- **Citation:** C.L.No.29/2-A
- **Court:** Allahabad High Court
- **Decided:** 1959-12-16
- **Case number:** C.L.No.29/2-A
- **Source:** https://unisonlegal.in/judgment/allahabad-high-court/removal-of-records-from-court-163805
- **Pages:** 2

## Text

447
11.
REMOVAL OF RECORDS FROM COURT
G.L.No.4053/2C-2 (1) dated 18th December, 1920 read with
C.L.No.29/2-A dated 30th March, 1951

Rule 9, Chapter I of the General Rules (Civil), 1957, must be strictly enforced. All
subordinate officials are strictly prohibited from removing records from the precincts of
the court and any one breaking the rule will be severely punished.

If necessary the office may be opened on a Sunday or other holiday but in no case
shall any judicial or departmental record be removed from the court buildings.
12.
LOSS OF DOCUMENTS
C.L.No. 108-C dated 16th December, 1959
Frequent loss of papers from record indicates slackness on the part of the officials
dealing with records. District Judges and Presiding Officers should, therefore, take proper
measures to act as a check against such losses.

Effective steps should be taken to enforce strict supervision against negligence or
dereliction of duty on the part of the officials dealing with records. The officer-in-charge
of the record room should also be directed to make surprise inspection of the record room
and see that the relevant rules and orders are strictly being followed.
G.L.No.4/VIIIa-88, dated 31st January, 1955
All material documents on the record of a criminal case should be deposited in the
Malkhana, or in the Treasury or in the safe of the District Registrar or kept in a steel
almirah or with the Presiding Officer themselves.

With a view to ensure responsibility, being fixed for loss of record during taking
over or making over charge by assistants the following procedure should be adopted:
(i)
The assistants proposed to be transferred should be given information of
the proposed transfer at least one week earlier of the actual date of
transfer.
(ii)
They should prepare a list of records in their possession with the help of
the registers maintained. Records requisitioned from the court or record
room should also be included in the list.
(iii)
At the time of making/taking over the successor should physically check
the records with that list and sign it in lieu of receipt. That receipt should
be countersigned by the Munsarim of the court concerned under whom the
transferred assistant had been working before his transfer.
(iv)
Three copies of such list should be prepared. One copy should remain with
the Munsarim of the court concerned, one copy with the transferred
assistant and one with the successor.
In case of transfer of an assistant record keeper or librarian, the rules prescribed
for movement of records and books, as the case may be, should be strictly followed.
448
C.L.No. 116/c dated 5th August, 1974 read with
C.L. No.41/4C dated 22nd June, 1964
In case of loss of record or any paper thereof, the official having custody of the
record should in the first instance be held responsible and if after a detailed enquiry a
more serious case is made out, instead of an entry in the character roll, departmental
action or criminal prosecution can take place.
C.L.No.41/4c dated 22nd June, 1964
It is not only very necessary to comply strictly with the directions contained in
C.L. No. 108-c, dated December 16, 1959, but also to award adequate punishment to the
official or officials found guilty of loss of record. The punishment awarded should be
commensurate with the gravity of such omissions or commissions. The punishment
awarded, keeping in view these instructions, should invariably be reported to the Court.
C.L. No. 19/ Budget dated 4th February, 1978
For the loss of the papers from the records of subordinate courts, adequate
punishment is not being meted out by the District Judges to the delinquent officials. A
mere adverse entry in the record of service of the delinquent official is no corrective.
Punishment, which may have a deterrent effect, is required to be inflicted on the
delinquent official to stop frequent recurrence in future.

In order to avoid loss of judicial records while being transmitted from district
courts to High Court, the District Judge should see that courier of record is a responsible
permanent employee of his court with at least 5 years' of service and no record should be
transmitted to the High Court through persons in temporary service.
13.
APPLICATIONS
(i)
Through post
C.L.No.1 dated 22nd January, 1895
The following papers may be received or sent through Post Office, namely:-
(1)
Application for copy sent by an applicant prepaid and accompanied, when
necessary, by stamp papers, on which the copy is to be made.
(2)
Copy ready for delivery, when the applicant is not present and has paid for
the transmission of such copy by registered post.
(3)
Stamp paper returned when application for copy has been refused.
(4)
Notice to withdraw deposits.
(5)
Notice to parties to withdraw sums held by the Nazir, such as unexpended
diet money of witnesses, etc.
(6)
Intimation that an application has been shelved (dakhil daftar).
(7)
Intimation in any case of the receipt of money for payment to any person.
(8)
Application from a judgment- debtor to know how much is due from him.
(9)
The reply to such an application.