JUDGMENT 1. - This misc. application was filed by the petitioner for reconstitution of the record relating to SBCWP No.3714/2007, that was listed before the Court on 19.6.2007 and the Court issued notices to the respondents, returnable within a period of three weeks. The process fee and notices were filed before the Registry on 20.6.2007 and the same were issued on same day to effect service upon the respondents. On next date i.e. 9.7.2007 record of SBCWP No.3714/2007 was not traceable, therefore, on 25.7.2007 the petitioner moved an application seeking reconstitution of record. Surprisingly enough, the application aforesaid too lost and, therefore, the petitioner preferred the present application 2. On 2.8.2007, while considering the instant application, an order was passed by this Court, relevant portion of that is in following terms: "Loss of record of the case from last about three weeks is highly improper. This reflects not only negligence of the office but also apathy of the staff with court management. I am intentionally not using the term 'mischief' of some person who may be interested in the matter as I want to give one more opportunity to the office to trace record of the case and also the application that was filed on 25.7.2007. The Deputy Registrar (Judl.) of this Court, therefore, is directed to make all necessary efforts to trace the record and in the event of failure to trace the same to make an inquiry in the matter and to report on 6.8.2007." 3. Today the application is listed with a note that the record of SBCWP No.3714/2007 as well as of the application earlier preferred for reconstitution of the record is traced. The writ petition aforesaid is also listed before the Court for appropriate orders. 4. Today the application is listed with a note that the record of SBCWP No.3714/2007 as well as of the application earlier preferred for reconstitution of the record is traced. The writ petition aforesaid is also listed before the Court for appropriate orders. 4. While submitting a report as ordered by this Court, the Deputy Registrar (Judl.) has placed on record a note made by Administrative Officer (Judl.) of various sections of this Court and that reads as follows:-" lknj fuosnu gS fd lHkh U;kf;d vuqHkkxksa esa U;kf;d i=kofy;ka xqe gks tkus ,oa reconstitute gksus ij iqu% fey tkus dh f'kdk;r c<+ xbZ gSA i=koyh ,l0ch0 flfoy fjV 3714@2007 egs'k bukuh cuke jkT; 21-6-2007 ds ckn ls ugha fey jgh gS mDr i=koyh dh ryk'k djrs oDr fuEu vU; rhu i=kofy;ka izkIr gqbZ ftldk fooj.k fuEu izdkj ls gS % (1) SAW 247/2007 ck;yk cuke ftyk U;k;k/kh'k i=koyh 23-5-2007 dks ekuoh; U;k;ky; la[;k 1 esa yxh Fkh iqu% 28-5-2007 dks MsV FkhA (2) S.B. Cr. Rev. 542/2006 eksguyky cuke LVsV i=koyh 26-7-2006 dks yxh Fkh ,oa dksVZ MsV 16-8-2007 dh iM+h gqbZ gSA (3) S.B. Civil Writ 3723/2007 jetku [kku cuke jkT; i=koyh 1-8-2007 dks yx dj not reach gqbZ FkhA mijksDr rhuksa i=kofy;ka dze'k% bULVhV~;w'ku DydZ ds ihNs ds vyekjh] QksVks dkih :e ds ckgj dh vyekjh ,oa lhf<+;ksa ds ikl okyh vyekjh ij iM+h feyhA Jheku ls lknj fuosnu gS fd bl izdkj dh vO;oLFkk dks lq/kkjus ds dze esa dqN Bksl lq/kkjkRed iz;kl vfr vko';d gks x;s gSaA d`I;k 'kh?kzfr'kh?kz dk;Zokgh djkosaA uksV% izkFkhZ egs'k bukuh dh iwoZ esa ,d i=koyh S.B. Cr. Rev. 1098/2006 [kks xbZ Fkh o iqu% reconstitute dh xbZ FkhA Cr. Rev. 1163/2006 Hkh layXu FkhA i=koyh Cr. Rev. 1098/2006 29-3-2007 reconstitute dh xbZA lHkh i=kofy;ka voyksdukFkZ lknj izLrqr gSA " 5. Certain measures are also recommended by the officers of the registry for consideration to improve working management in various sections and those are as follows:- 4.8.2007. Rev. 1098/2006 [kks xbZ Fkh o iqu% reconstitute dh xbZ FkhA Cr. Rev. 1163/2006 Hkh layXu FkhA i=koyh Cr. Rev. 1098/2006 29-3-2007 reconstitute dh xbZA lHkh i=kofy;ka voyksdukFkZ lknj izLrqr gSA " 5. Certain measures are also recommended by the officers of the registry for consideration to improve working management in various sections and those are as follows:- 4.8.2007. - Judicials Sections i.e. Writs, SAWs, Criminal and Civil Sections dk dk;Z lqpk: :i ls lapkfyr djus esa dqN dfBukbZ;ka jkstejkZ lkeus vk jgh gS vr% mPpLrj ij fopkj gsrq Jheku ls vuqjks/k gS fd %& (1) ;fn lqcg ,d cts rd ckgjh O;fDr;ksa tSls fd fo}ku~ vf/koDrkvksa ds fyfid ,oa muds lkFk vkus okys i{kdkjksa vkfn dks fu;af=r dj fn;k tkos tks lEcfU/kr LVkQ dks le; ij i=kofy;ka is'kh ,oa dkstfyLV vkSj udy vkfn vuqHkkxksa esa Hkstus ,oa ekuuh; U;k;ky; ls iwoZ rkjh[kksa dh i=kofy;ka le; ij ekuuh; U;k;ky; ds vkns'kksa dh vuqikyuk gsrq lqfo/kktud gks ldrk gSA (2) djhc djhc jkst gh lgk;d deZpkjh dh M~;wVh cny cny dj yxkus ds dkj.k i=kofy;ka ;Fkk le; is'kh@dkstfyLV ,oa udy vkfn vuqHkkxksa esa Hkstus esa vlqfo/kk jgrh gS vr% ;fn lgk;d deZpkfj;ksa dh M~;wVh ekuuh; fMIVh jftLVzkj U;kf;d ds dk;kZy; ls lHkh ( U;kf;d ) vuqHkkxksa esa yxkus dh O;oLFkk gks lds tks dk;Z lqpk: :i ls gks ldrk gSA (3) fo}ku vf/koDrkvksa ds fyfid ;k izkf/kd`r O;fDr;ksa dk dksbZ ifjp; i= vkfn ugha gksus ds dkj.k dqN vukf/kd`r O;fDr Hkh fnu Hkj lHkh vuqHkkxksa esa izos'k ik tkrs gSa ftlds dkj.k jkst dbZ egRoiw.kZ U;kf;d i=kofy;ka xqe djus Hkh f'kdk;rsa vk jgh gSA (4) pwafd udy izkFkZuk i= e/;kUg iwoZ Lohdkj fd;s tkrs gSa vr% udy izkFkZuk i= iwNrkN f[kM+dh ;k vU; fu/kkZfjr LFkku ij Lohdkj dj fy;s tkos rks lqfo/kktud jgsxkA (5) pwafd Qkbysa oknlwfp vuqHkkx esa r; rkjh[k ls nks fnol iwoZ iszf"kr dh tkrh gS vr% is'k gksus okys nLtkostkr r; rkjh[kksa ls nks fnol iwoZ rd vko';d :i ls izLrqr dj fn;s tkos rks ;Fkkle; layXu i=koyh djus esa lqfo/kk gks ldrh gSA vfrvko';d gksus ij l{ke vf/kdkjh ds vkns'k ls is'k fd;s tk ldrs gSaA vkns'kkFkZ izLrqr gSA Sd/- Writ-II SAW Sd/- AOJ (Cr.) Sd/- AOJ (Writ-I) Sd/- AoJ (Civil-I) Sd/- AOJ (Civil-II) The problem of missing records is not new. This Court in the case of M/s Chouhan Dal Mills v. State & Ors., SBCWP No. 719 of 2000, by an order dated 12.4.2001 , looking to the seriousness of the matter issued certain directions as follows:- "(i) The lawyers, their clerks, peons, clients and other outsiders be restrained from entering the Judicial Sections of the Registry; (ii) No person other than the authorised person shall touch, deal with, carry or handle the files of the cases pending or disposed of; (iii) If any lawyer has any grievance he may meet the Deputy Registrar (Judl.) forredressal of his grievance and the Deputy Registrar (Judl.) shall ensure to remove the inconvenience. (iv) Whenever the file is sent from the Court to the office, the order sheet should be tied up and the Court Master should ensure that no pinned-up order sheet should be sent to the office." 6. The Advocates' Clerks (Munshis) are an integral part of the Court management system and, therefore, Chapter XXVI of the Rules of High Court of Judicature for Rajasthan, 1952 (hereinafter referred to as "the High Court Rules") regulates their functioning. Rule 495 of the High Court Rules prescribes that no Advocates' Clerk shall be allowed to do any work in the High Court unless he has been registered under the Rules and no Advocate shall be permitted to have more than two registered clerks. Rules 496 and 497 of the High Court Rules relate to qualifications and disqualifications for registration of a person as an Advocate's Clerk. Rules 496 and 497 of the High Court Rules relate to qualifications and disqualifications for registration of a person as an Advocate's Clerk. The acts, those can be performed by an Advocate's Clerk are given in Rule 499 of the High Court Rules, as follows: "(1) Receiving notice on behalf of his master; (2) taking back an appeal or application filed before the Registrar, if found defective or returned by him for presentation in Court; (3) presenting to the Registrar or the Deputy Registrar an application signed by his master for- (a) copy of a document; (b) inspection of a record; (c) return of a document; (d) refund of a surplus balance; (e) translation and printing; or (f) transliteration or translation of a document or the verification of such transliteration or translation; (4) taking notes from the deficiency report of the Stamp Reporter and filing the necessary stamps; (5) depositing money and paying court-fees; (6) receiving paper-book, certified copies etc.; (7) filing Vakalatnama or retainer's slip or certificate of fee; or (8) identifying persons personally known to him inspecting record or swearing affidavit." 7. The acts permitted to be performed by an Advocate's Clerk are quite important and, therefore, their access to various administrative/judicial sections of the High Court is necessary. The assistance provided by the Advocates' Clerks to the High Court staff is also quite valuable and importance of that cannot be ignored, however, what it appears that due to non-adherence of the provisions prescribed under Chapter XXVI of the High Court Rules the unauthorised persons/unregistered Advocates' Clerks are also having access to various sections of the High Court and that requires to be checked. The functioning of the Advocates' Clerks is also requires to be systematised and regulated. 8. The functioning of the Advocates' Clerks is also requires to be systematised and regulated. 8. Thus, I consider it appropriate to direct the Registrar (Administration) of this Court at Jodhpur to take necessary steps within a period of two months from today:- (1) to ensure strict compliance of the provisions of Chapter XXVI of the High Court Rules; (2) to issue necessary administrative instructions to provide uniform robe for Advocates' Clerks and also requirement to wear badge with their names and registration numbers; (3) to fix the timings for Advocates' Clerks for entering into administrative and judicial sections of the Court to perform the acts prescribed under Rule 499 of the High Court Rules; (4) to ensure that no person unauthorised including guests, friends and relatives of staff may enter in judicial/administrative sections of the High Court office. If for any exceptional circumstance such entry is necessary, then it should be recorded in a separate maintained register; (5) to ensure wearing of prescribed uniform (vardi) by Class-IV employees of the Court; (6) to ensure that no person unauthorised may carry, touch or have access to the record of the Court except in the case of inspection of record in accordance with law; and (7) to ensure sturn disciplinary action against the members of the staff found negligent in discharging their duties. 9. The Registrar (Administration) may also take all necessary actions considered appropriate to systematise operation in administrative/judicial sections to improve working efficiency of administrative/judicial office sections of this Court. 10. The matter be listed before the Court on 08.10.2007 to report compliance of the directions given above.Direction issued. *******