- (1.) Petitioner is a Judicial Officer. He was initially appointed on 3.9.1984 as Additional Munsif and was posted at Hardoi. He was promoted as Civil Judge ( Sr. Div.) on 26.8.1993. Further promotion to the post of Additional District & Sessions Judge was accorded to him on 17.5.2001, and he was confirmed as such on 25.5.2005, which post he continues to hold. Petitioner was awarded an adverse entry on 2.7.2005 for the year 2004-2005. Representations filed against it were rejected. Being aggrieved, he has filed the present writ petition with the following prayers:- (i) A writ, order or direction in the nature of certiorari quashing the adverse remark contained in column no. 1(a), 1(b),1(f) and 2 in annual confidential remark for the year 2004-05 as awarded by the District Judge, Sahjahanpur on 2.7.2005 (Annexure - 2 to the writ petition) as also the communications of the Registrar (Confidential) dated 19.9.2007 and 3.6.2008 (Annexures- 5 and 7 to the writ petition) as also the orders on which the said communications are based. (ii) A writ, order or direction of a suitable nature commanding the respondents to produce the orders passed by the Administrative Judge and the Administrative Committee on the representations of the petitioner and to quash the same. (iii) A writ, order or direction of a suitable nature commanding the respondents to treat the entry for the year 2004-05 as a satisfactory entry and also to treat the integrity of the petitioner as certified for the said period".
(2.) The petitioner has put in nearly thirty years of service as a Judicial Officer. During the relevant period, i.e. 1.4.2004 to 31.3.2005, petitioner was posted as Additional District Judge, Shahjahanpur, in different capacities. He decided 173 Sessions Trial during this period, including Sessions Trial No. 297 of 1995 (State Vs. Laik and others). The then District Judge, Shahjahanpur, after he was transferred to Moradabad, awarded following Annual Remarks to petitioner on 2.7.2005:- (a)Integrity of the Officer whether beyond doubt, doubtful or positively lacking. Integrity Doubtful (b) If he is fair and impartial in dealing with the public and Bar Not fair (f) Whether judgment on facts and law are on the whole sound and well reasoned and expressed in good language. Judgment expressed in good language but are not well reasoned. In S.T. No. 297 of 1995 ( State Vs. Laik and others) judgement dated 6.5.2004, the officer disbelieved the injured with and the brother of the deceased on whimsical grounds and acquitted the accused. It smells". (I) Relations with members of Bar ( mention incidents, if any) Good (2) Over all assessment of the merit of the officer-out-standing, very good, good, average, poor. Average
(3.) It is undisputed that except for the year 2004-2005, the service record of the petitioner has been unblemished and his working as a Judicial Officer has always been satisfactory. However, the impugned adverse entry has resulted in petitioner's super-session by thirty junior officers, in January, 2014, for the post of District Judge, and by 179 junior officers, for grant of selection grade, in March, 2014.;