- (1.) This writ petition has been filed against the impugned order dated 5.9.95, Annexure 3 to the petition communicating the adverse entry to the petitioner for the year 1994-95 and also to quash the D.O. dated 30.8.95. The petitioner has further prayed for quashing the orders dated 29.1.1996 and 8.10.96 by which the petitioner's representations have been rejected.
(2.) Heard learned counsel for the parties.
(3.) The petitioner was appointed in U.P. Judicial Service in 1972. He was promoted as Chief Judicial Magistrate in 1981 and as Additional District Judge in July, 1985. It is alleged in para 2 of the writ petition that the petitioner discharge his duties with utmost sense of responsibility, integrity and honesty and at no point of time the petitioner was communicated any adverse entry. In the year 1993 when the petitioner was posted as Addl. Distt. Judge, Faizabad one advocate O.P.Dwivedi criminally assulted Sri R.L.Ojha the Addl. District Judge III, Faizabad who lodged a complaint in the police station kotwali district Faizabad on the said date itself. A true copy of the complaint is Annexure 1 to the petition. It is alleged in para 4 of the petition that the bail application of the said accused Advocate O.P.Dwivedi came up for consideration before the District Judge,Faizabad who transferred the said case to the court of the petitioner who rejected the bail application. A copy of the said order is Annexure 2 to the petition. It appears that subsequently an adverse entry was communicated to the petitioner by communication dated 5.9.95 Annexure 3 to the petition. The said adverse entry reads as follows. "His disposal is 174. 50% which is above the prescribed standard. However, his judgments were not found to have been properly written. Most of the cases were remanded on substantial grounds. Members of the bar did speak high of him. There was rumour of doubtful integrity. His integrity needs supervision and as such it is not certified.";