- (1.) This writ petition has been filed for quashing the part of the annual remark against the petitioner for the year 1995-96 as communicated by the High Court through his letter dated 27.3.97, Annexure 8 to the writ petition and for quashing the order dated 21.5.96 Annexure 5 to the writ petition.
(2.) The petitioner was selected in P.C.S.(Judicial) Examination 1972 and at the relevant time he was functioning as the Additional District Judge, Saharanpur. It appears that in 1995 two Misc. Appeals filed by one Navin Kumar Jain and others were pending in the court of the petitioner. These appeals were withdrawn from the petitioner's court by the respondent no.3 who was at that time Incharge District Judge, Saharanpur. It appears that in connection with one of these appeals being Misc. Appeal No.77 of 1992 the petitioner wrote a letter to the Incharge District Judge, Saharanpur dated 1.1.95 Annexure 3 to the petition. In this letter he described Navin Kumar Jain as a cunning and litigious person who makes false allegations for his self interest. It may be mentioned that this was a confidential letter and one cannot understand how this was leaked out to others. In the report of the District Judge Saharanpur dated 25.3.96 to the High Court, copy of which Annexure 4 to the writ petition, it has been mentioned that the complainant wants to exercise undue influence over other judicial officers and hence got the cases transferred by making false and frivolous allegations. The District Judge also mentioned that he made oral enquiry from the counsels who told the District Judge that the complainant is a regular visitor in court and conducts cases personally. He is also involved in a Criminal case under section No. 420/467/468 I.P.C. The District Judge also mentioned that the words used by the petitioner unhappily crept into the letter, and these word were not intended for publication. The complainant only wanted to put undue influence over other judicial officers before whom various cases are pending. The District Judge observed that the complaint is false and frivolous. However, thereafter an order was passed on 21.5.96 administering the warning to the petitioner copy of which is Annexure 5 to the petition. True copy of adverse remarks is Annexure 6 to the petition.
(3.) A counter affidavit has been filed on behalf of the High Court and we have perused the same. In our opinion the adverse remark/warning should not have been given to the petitioner. The District Judge in his report dated 25.3.96 Annexure 4 to the petition had already observed that the complaint against the petitioner is false and frivolous and the complainant only wanted to exercise undue influence on the Judicial officers of the district Judgeship. It was also observed therein that the petitioner's letter was not meant for publication. We are fully in agreement with the aforesaid report of the letter of the District Judge. The disposal of the petitioner was 128% and his integrity has been certified in the annual remarks. Hence in our opinion the adverse/warning was uncalled for the unjustified.;