Registry cannot deviate from roster without Chief Justice nod: Kerala High Court

The Kerala High Court has clarified that its registry must get administrative orders from the Chief Justice of the High Court before complying with judicial orders from judges to list cases in departure from the existing judicial roster. .A Bench of Chief Justice Nitin Jamdar and Justice S Manu added that it would be beneficial if the judicial orders passed by judges regarding listing of cases also contain reasons for the same. "So as to avoid inconvenience to the Hon’ble Judges, advocates and the litigants, and to achieve expediency, the Registry, upon receipt of such order, without delay shall put up submission before the Chief Justice for passing necessary administrative orders. It will aid the Registry if the judicial order gives a brief indication as to the need for adopting the course of action," the Court's judgment stated. .The Court passed the judgment in a suo motu matter initiated by it on a request by the registry for clear directions to deal with judicial orders that are passed to connect cases from different rosters. It was pointed out that most times, such orders do not mention any specific reason to connect the cases or include any direction to the registry to obtain administrative orders from the Chief Justice.In this regard, the registry referred to the decisions of the Supreme Court in the case of State of Rajasthan v. Prakash Chand, and Campaign for Judicial Accountability and Reforms v. Union of India and Anr. which dealt with the authority of the Chief Justice as the master of roster.The Court also referred to the May 2024 order of a division bench of the Kerala High Court in Nair Service Society & Anr. v. TK Gopalakrishnan Nair & Ors. in which it had warned its registry officials that disciplinary action could be initiated against them if they do not list cases as per the roster unless otherwise ordered by the Chief Justice.After this order, the registry issued a circular reiterating the directions. However, several judicial orders were passed subsequently to list matters which were contrary to the roster.The High Court, therefore, issued the present judgment clarifying the procedure to be followed by all judges of the Court in such cases..[Read Judgment]