"He Stands Before Us With Folded Hands & In Tears", Allahabad High Court Expunges Adverse Remarks Against Judicial Officer

The Allahabad High Court earlier this month expunged the adverse remarks made against a Judicial Officer considering his unconditional apology and the fact that he had remained under suspension for more than a year. The Bench of Justice Rajan Roy and Justice Saurabh Lavania was hearing the plea of an erstwhile Principal Judge, Family Court, Sultanpur for expunction of adverse remarks made against him by the High Court in its order dated 18th November 2019. The matter before the Court Certain adverse remarks were made by a Bench of Justice Saurabh Lavania against one Manoj Kumar Shukla, a Judicial Officer. The order of the Court dates back to 18th November 2019, when he had appeared before the High Court. As accepted by the Applicant/Judicial Officer, he was slightly anguished because he had not passed the order impugned in the first appeal yet he had to appear before the High Court and in a momentary lapse of control over his faculties, the incident recorded in the order of the Court dated 18th November 2019 happened. Pursuant to his conduct, adverse remarks were made against him in the HC's order and due to which disciplinary proceedings were initiated against and was placed under suspension. Before the Court, he submitted that his life and career both have been tainted because of the adverse remarks and further pleaded before the Court with "folded hands" that he would never ever commit the mistake. Lastly, he said that his entire career was at stake and that he had been superseded by officers junior to him, who have been promoted as District Judge. Court's observations The Court observed that the applicant is a Judicial Officer of the rank of Additional District Judge and that he expressed sincere regret and remorse regarding his conduct, for which such adverse remarks were made. Also, the Court also observed in its order that the Applicant/Judicial Officer stood before it with folded hands and in tears, seeking mercy and pardon. Further, considering his assurance, undertaking and unconditional apology, the Court went ahead to expunge the adverse remarks contained in the order dated 18th November 2019 relating to the Applicant/Judicial Officer. Significantly, the Court said, "The applicant has remained under suspension for more than a year. He has realized his mistake; therefore, we see no reason to allow the aforesaid remarks to continue against him any further in view of what has been stated hereinabove. The same shall be treated as expunged and shall not be used against the applicant/Manoj Kumar Shukla in his career." As regards the disciplinary proceedings pending against him, the Court said that the consequences shall follow accordingly as per law. Further, counseling the judicial officer not to repeat what he did before the Court, the Court remarked, "We hope and trust that he shall henceforth not only perform his judicial duties with diligence and sincerity but shall also follow the decorum and courtesies, which are required to be observed vis-a-vis his juniors, his colleagues, as also the superior officers." Accordingly, the Court allowed the application in the aforesaid terms.Case title - Mohd. Irshad v. Anjum BanoClick Here To Download OrderRead Order

"He Stands Before Us With Folded Hands & In Tears", Allahabad High Court Expunges Adverse Remarks Against Judicial Officer

Sparsh Upadhyay

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