M. Katju, J. - (1.) HEARD learned counsel for the parties.
(2.) THIS special appeal has been filed against the impugned interim order of the learned Single Judge dated 18.5.2004 by which the Registrar (Listing) of this Court has been directed to pay exemplary cost of Rs. 500/- because some affidavit was not available on the record. Since the facts are not in dispute it is not necessary to call for a counter affidavit. A perusal of the impugned order dated 18.5.2004 shows that the learned Single Judge was unhappy because the affidavit dated 5.4.2004 filed by the petitioner in the Registry was not available on the record. While we fully share the concern of the learned Single Judge that the documents filed in this Court should as soon as possible be placed on the record, we cannot approve of the order directing imposition of exemplary cost on the Registrar (Listing) as well as the other personnel of the Registry.
(3.) IT must be remembered that the Registrar General, Registrar (Listing) etc. of this Court are working under tremendous pressure in view of the heavy volume of filing of cases in this Court. The Hon'ble Judges as well as the officers in the Registry are working under the tremendous pressure of the workload, and in this situation obviously sometimes some mistake occurs and sometimes some omission takes place. In our opinion directing the Registrar (Listing) of this Court to pay exemplary cost of Rs.500/- was, with great respect to the learned Single Judge, unwarranted and uncalled for, particularly when these adverse remarks was passed without giving any opportunity of hearing. The rules of natural justice require that before adverse remarks made the Court should give opportunity of hearing to the person, but no such opportunity appears to have been given to the Registrar (Listing) before passing the impugned order dated 18.5.2004.;