Agneepath (Software Engineer) 15 August 2012

Don't the judges need to give any notice to take vacation?

Hi,

I just had a simple question. It has happened the third time last month that the judge was on a vacation on the day of our hearing. Our lawyer had called us just one day before the date of hearing and said we should come for the hearing ( in another city) - we went there just to know that the judge in our case is on vacation again.

So the question is, doesn't a judge need to give any 3 day or even a day's notice before going on a vacation? Can he take a leave without informing anyone. And if he does have to inform well in advance, can't the lawyers know about that beforehand (so that at least we don't have to travel to different cities wasting a lot of money)?

Also, the other party has benefits by stretching the case as long as possible, because they know that they're not going to win. So (it might be a stupid question), is it possible that they are doing something to influence the judge to go on vacation each time?

Thanks!

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8 Replies

v.sreenivas sivaram (senior civil judge CUM ADMINISTRATIVE OFFICER) 15 August 2012

judges take leave or vaction after informing their adminstrative superior judges generally well in advance and in case of urgency they obtain the permission on phone and after obtaining their permission they proceed on leave the same can be found from the office staff by the lawyers

surjit singh (Assistant) 15 August 2012

Judges are after all all human being and due to urgency they have the right to take leave.

SACHIN AGARWAL (ADVOCATE) 15 August 2012

The Notice of leave of the Presoding Officer of a Court should be affixed on the Notce Board of the Court atleast three days before he leaves and it would save time and money both. Some times the parties comes from outside the city and they find that the P.O. is on leave and next date is fixed. It causes loss of time and money both.

The procedural laws in India should be changed now and the summons should bear the approximate time of hearing the case instead of expecting a person to remain present in Court through out the day. While fixing the next date, the time should be fixed.

SACHIN AGARWAL (ADVOCATE) 16 August 2012

The matter can be referred to the Law Ministry and the Goverment can do something positive in the matter.

Sudhir Kumar, Advocate (Advocate) 02 September 2012

It is difficult to get change in service condition so severe that an employee not be allowed urgent leave if he or his family member is sick, simply because he is judge.

SACHIN AGARWAL (ADVOCATE) 02 September 2012

In case of any emergency, the P.O. should be allowed for sudden leave but in general when the leave is sanctioned much prior to leave, then the notice should be given to the general public by afixing it on the Notice Board of the Court.

Sudhir Kumar, Advocate (Advocate) 03 September 2012

Advice of Mr Sachin Aggarwal should be considered at appropriate level. At times we are still at pre-british era

SACHIN AGARWAL (ADVOCATE) 03 September 2012

One more suggesstion : There should be five day week in all Courts. The advocates can get time to prepare the cases and it would lead to minimum adjournments and also it would minimise the filing of Misc. Applications which are filed to get time because the cases are not prepared due to lack of time.

The Governmenta nd Hon'ble High Courts and Hon'ble Supre Court should consider this aspect for early disposal of cases and also to reduce pendency.