HC junks judicial officer's plea against censure to him by court's administrative wing '

The Allahabad High Court on Tuesday dismissed a judicial officer's plea challenging a censure awarded to him by the administrative side of the high court for "being negligent" in ordering arrest of an academician without first issuing summons to him to secure his presence. Dismissing the plea by judicial officer Lallu Singh, a bench of justices Sudhir Agarwal and Rajiv Mishra termed Singh's step of issuing not-bailable warrant against the academician at the first instance an act of "serious negligence".

"The record shows that summons were never issued and hence not served upon the accused (academician) and non-bailable warrant was issued against him by the petitioner (judicial officer) without verifying this fact, which is a serious negligence on his part," the bench said. As a result of this, a senior academician holding the post of reader and head of department in a college was sent to jail, the bench rued.

The case dated back to November 30, 1999 when the then Judicial Magistrate Singh, acting on a criminal complaint against the academician, passed orders summoning him to his court to answer charges against him, but the academician failed to appear before the court on the slated date, December 21, 1999. Following this, Magistrate Singh fixed another date, February 15, 2000, issuing directions for the appearance of the academician on that date. The academician, however, did not appear before the court on that date either.

At this, erstwhile Magistrate Singh on February 15, 2000, allegedly without verifying if the summonses were actually issued against the academician, ordered issuance of non-bailable warrant against him. On the magistrate's order, the NBW was promptly issued and served upon the academician, who was arrested and produced in the court.

As the academician sought to point out to the court that he was never served any summons and had no inkling that the court had sought his presence before it, the magistrate summarily rejected his plea and remanded him in judicial custody. The academician subsequently complained to the high court which launched a probe into the matter and came to know that summons were never actually issued by the magisterial court against him.

Irked by the magisterial court's "negligence" in issuing non-bailable warrant against the academician at the first instance, the administrative side of the high court awarded a censure to magistrate Singh, saying the act of the judicial officer in issuing NBW without ensuring the issuance and service of summons prima facie appears to be a negligent and irresponsible act. It was against this censure that the judicial officer had moved the high court, but could get no relief.

PTI  CORR RAJ RAX RAX

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