In one service matter where a writ is filed in HC, it took three hearings for the court to decide against the appellant. During first hearing, the judge suggested the appellant he should go to Tribunal to file his case. The appellant replied that a case for compensation is there which cannot be litigated in that forum because already it was pleaded there but was ignored by the Tribunal. Judge during first hearing told the State counsel, "we will examine this matter during next hearing". During next hearing, that issue was not discussed with State counsel. During second hearing the State counsel was asked to come prepared with a note on one G.O. During third hearing that issue was not followed up and again the judge came back to the same issue of filing the case with Tribunal and passed the judgment against the appellant without admitting the case.
Do the courts maintain any record of what transpires during orgal briefs/submissions/argument etc? If yes, what is the position of HC. Secondly is it (or not) the duty of judge to remember and follow up from where he left during last hearing?
