Who's got jurisdiction to stay the proceedings for the reasons of ....
Damayanti
(Querist) 17 February 2014
This query is : Resolved
Please note: this is not a query about transfer application/transfer petition.
A case going on in Family Court.
Family Court judges passes controversial Orders one after another.
Litigant makes complaint directly before high Court registrar (complaints registered but these complaints are investigated in secret manner).
I am not sure whether the litigant shud have filed the same under relevant Articles such as 234 to 238 of COI (pls correct me if I am wrong) At least then it would have been listed as a pending suit and relief.
Litigant resorted to above to seek penal remedy (some harsh action reprimand to judge.)
Litigant is told about the same and is also aware that his actions fall under 'prayer of penal remedies' and do not come under corrective remedies (like appeal. writ by which perverse orders may get vacated) or preventive remedies.
I.e. litigant knows that even if succeeds in his complaints the 'Commission on judicial misconduct' i.e. Registrar + CJ of High Court would not automatically set aside those controversial orders, at the max lower court judge may get some reprimand or demotion/red-mark in service record.
But the crux of the matter is that Litigant's suit is still going on before same judge and also there is no clue as to the status of his complaints since long time(complaints are still pending and litigant is being told that principle judge may be made IO for the same. The principle Family Court judge as well the judge against whom the complaints are made know this fact in 'writing').
Hence, litigant wants to obtain order of 'stay of proceedings' until his aforesaid complaints are taken through the legal recourse and disposed of.
Where should he obtain 'stay of proceedings'? which court has jurisdiction? Is it principle judge of Family Court of high Court directly? and under which legal provisions? Should it be under section 151 of CPC or under 227 of COI and before whom?
Litigant wants the 'protection/exemption order in favoe of litigant, or order of injunction to prevent judge from conducting the further hearing the pending suit, or order of stay of proceedings against the judge to prevent him from conducting further hearing of pending suit' until aforesaid complaints are disposed of.
Please guide/help me on this issue.
Similar example in like:
If a minor makes complaint on telephone/helpline of police against parents of atrocity(law is set into motion), even police get into action upon receiving such a call, and arrange protection to kid until inquiry is concluded.
same is the case: if any employee/woman employee complains against her boss, until inquiry she is not compelled to work under same person.
same is the case: if any employee/woman employee/female student complains against her boss/teacher, until inquiry she is not compelled to work under same person.
same is the case: if a wife complains against husband by fling divorce suit, she is not ordered/compelled to cohabit during pendency of divorce petition
In the same way ...... during pendency of complaint against judge, what legal provision is there is exempt the litigant from appearing before same judge against whom the very complaint is made????
please guide me.
Its really urgent.
Thanks
R.K Nanda
(Expert) 17 February 2014
consult local lawyer.
Devajyoti Barman
(Expert) 17 February 2014
Yes, you can file petition for stay of further proceeding till the inquiry is over.
Damayanti
(Querist) 17 February 2014
Thanks Barman Sir,
I am understanding your answer correctly that -- the application of 'stay of proceedings pending inquiry etc etc' may/should be made before same trial Court against whom the very complaint is made unfortunately?
since the complaint is made and trial court is 'explicitly' made aware of it by litigants on affidavit, trial court can no longer claim as if 'unaware about the same'.
Is it discretionary or the Court is duty bound 'not to make' the powers of Registrar-high court infructuous
and Would any attempt by trial court to conduct trial regardless of the prayer amount to bias or any irregularity?
Devajyoti Barman
(Expert) 17 February 2014
The trial court may nevertheless insist for further proceeding in which case you can file Revision in High Court for stay on trial.
Rajendra K Goyal
(Expert) 18 February 2014
Agree with the expert Devajyoti Barman ji.
