Pratap Singh vs State Of U.P.& Anr

2. The appellant, after due selection, joined judicial service in Uttar Pradesh as Munsiff on May 16, 1977 and was confirmed as such on August 30, 1982. He became Additional Civil Judge on January 4, 1986 and got selection grade of Rs. 3700 - 5000 with 1 effect from April 1, 1990. He then became Civil Judge (Senior Division).

3. The Allahabad High Court, on the administrative side, in its full court meeting held on November 18, 1995, approved promotion of the appellant in officiating capacity under Rule 22(3) of Uttar Pradesh Higher Judicial Service Rules, 1975 (for short, `1975 Rules'). Pursuant to the above decision taken by the full court, a notification was issued on June 7, 1996 promoting and posting the appellant as Additional District and Sessions Judge, Lalitpur.

4. While the appellant was posted as Additional District and Sessions Judge, Lalitpur, Shri Mukteshwar Prasad happened to be District Judge, Lalitpur. The appellant was made Officer in-charge, Nazarat by the District Judge with effect from September 10, 1996. The appellant continued as such until March, 1997 or so. It so happened that in the intervening night of January 30/31, 1997, some thieves entered the residence of the appellant and tried to break open the doors. The appellant suspected the involvement of class-IV employees of Lalitpur Judgeship. On that day, the District Judge was on leave and the appellant handed over an application to the Senior Administrative Officer wherein he alleged the support of the District 2 Judge to class IV employees suspected to have entered the house of the appellant for theft. The application made by the appellant to the Senior Administrative Officer was kept in an open envelope. The District Judge, Lalitpur sought explanation from the appellant with regard to the allegations made by him in his application and also gave information of the incident to the Registrar of the High Court as well as the inspecting Judge of Lalitpur Judgeship on February 19, 1997.

6. The above adverse remarks recorded by the District Judge, Lalitpur were communicated to the appellant on May 30, 1997. On receipt of the communication, the appellant made representation to the Registrar on June 28, 1997 and prayed that the adverse remarks recorded by the District Judge be expunged.

For all the above reasons, I have rated the officer to be most irresponsible and indisciplined."

10. The above writ petition was contested by the respondents.

11. The Division Bench of the High Court, after hearing the parties, by its order dated December 21, 2009 dismissed the writ petition.

21. In our view, the matter for the appellant's promotion in the substantive vacancy in UPHJS which was considered by the selection committee on May 18, 1998 and by the full court on July 11, 1998 needs to be reconsidered in light of the discussion made above and in accordance with law. Since the appellant is likely to superannuate shortly, we expect the High Court on its administrative side to complete this exercise as early as possible and preferably within one month from the date of the communication of this order.

22. The appeal is allowed, as indicated above, with no order as to costs.