JUDGEMENT
R.K.Singh, J. -
(1.) Appellant Jagdish Chandra Sharma was appointed in Uttar Pradesh Judicial Service as Munsif on 10.12.1976 and after training at Ghaziabad he joined the service on 24.1.1977. He spent his tenure on the post of Munsif at Ghaziabad, Hardoi, Meerut and Muzaffarnagar and was promoted as Civil Judge on 15.2.1986. When the petitioner was posted at Dehradun as Civil Judge, District Judge, Dehradun reported that the petitioner has used harsh words against one Senior Advocate while disposing of one amendment application. An adverse entry was awarded by the Administrative Judge for the year 1986-87 in the following words :" Disposal 132.39%. During my annual inspection, I found that the Court of the Officer was being boycotted by all the Advocates of Dehardun Bar. On enquiry I found that the behaviour of the officer towards certain Advocates was not good. The Officer was transferred on administrative grounds. I will rate the merit of the officer as poor. Integrity Certified."
(2.) Thereafter in the year 1987-88 the petitioner was transferred to Moradabad At Mordabad the petitioner got a good entry for the year 1987-88 but for the year 1988-89 the Administrative Judge gave adverse entry in the following words :
"Out-turn works out to be 150%.. Relations with the members of the Bar and brother officers are reportedly good. Judgments on law and facts are average in quality, Upon over all assessment, Disrtrict Judge rates him a good officer."
"I differ with the District Judge in his assessment about the officer. His relations with the brother officers are not good. He is an ill-tempered officer who is disrespectful to his superior officers. There are complaints aspersing upon his reputation as honest officer. In the absence of positive proof, his integrity is certified."
(3.) In the later year i.e. 1989-90 also the Administrative Judge gave the following entry :
"Out turn works out to be 121.27% which is adequate. District Judge rates him good officer who is impartial and does not lose temper in the Court. His relations with the members of the Bar and brother officers have also been reported to be good. I do not concur with the District Judge in his assessment of the Officer. I have received several complaints aspersing upon the officer against his work, conduct and even his integrity. He was involved in misbehaving with Sri B.K.Rathi, the then 1st Additional District Judge, Moradabad in his chamber. 1 have concrete reports that the officer has predilection for a particular community and hostility towards another. Recently, I have received complaints that the officer has decided certain cases after he had handed over the charge of his office in Moradabad. The allegations are being looked into. He has been actively involved in polarising the officers into two groups while posted at Meradabad Judgeship. His relations with the members of the Par and brother officers were punctuated with discordance. Upon overall assessment I rate him a poor officer whose work and conduct has been unbecoming of a Judicial Officer. Till enquiry being made by me is complete, certificate of his integrity is withheld.";
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