- (1.) THIS application is made in the form of an affidavit under Article 215 of Constitution of India by which one Sri Chandra Bhushan Singh Chandel, Sub-Inspector of Police Station Jeanpur, District Azamgarh has been shown that he failed to discharge his official duties in complying the order of this High Court which was passed on 4-2-2006. The allegation is that in spite of the order, the accused were arrested. It was alleged that he made certain remarks about the Court of law. The person was called upon on repeated occasions for giving explanations.
(2.) SRI Neeraj Kant Verma, learned A. G. A. , contended before this Court that he was not aware of the order of the Court to which he can file affidavit. Such affidavit has been filed before this Court giving sufficient explanation by saying that he was not aware of the order of the Court. He had received the copy of the order of the Court belatedly. Had he received the copy of order, such incident would not have been occurred. He tendered apology by saying in his affidavit that he has the highest regard and respect for the judiciary and the Courts and has always striven to uphold their dignity, prestige and majesty. However, the Court was not convinced only on his tendering apology but called report of the concerned Magistrate whether there is any delay in his office about delivery of the order of the High Court by the staff concerned of his office or not. Today, we have received a report of the Chief Judicial Magistrate, Azamgarh, under which appropriate staff of the Court is held responsible for not communicating the order in time. It is desirable that the staff of subordinate judiciary should not be careless in discharging their functions, particularly when it is a matter of communicating order of the High Court. This type of careless activity will malign the image of judiciary, if not properly followed with true prospective. Therefore, taking the totality of the matter, the following order is passed herein under: (a) Sri Chandra Bhushan Singh Chandel, Senior Sub- Inspector at Police Station Jeanpur, District Azamgarh is exonerated from the charge levelled against him and, as such, his personal appearance is dispensed with. (b) The person concerned, who has committed the mistake, as per the report of the Chief Judicial Magistrate, Azamgarh through the District Judge, Azamgarh dated 14th August, 2006 be dealt with administratively by the learned District Judge by way of disciplinary action upon affording fullest opportunity. (c) The Registrar General of the High Court is directed to inform all the District Judges of subordinate judiciary, by issuing circular letters communicating them to direct all officers of the district to be more careful about their staff in respect of communication of the order of the High Court to uphold the majesty.
(3.) THE application stands disposed of. THEre will be no order as to costs. Application disposed of. .;