Allahabad HC Orders Varanasi District Judge's Personal Presence For Committing Impropriety In Discharge Of Judicial Functions

Observing that the Varanasi's District Judge is in the habit of committing impropriety in the discharge of his judicial function, the Allahabad High Court recently directed him to appear before it along with the original record of a case.

The bench of Justice Ajit Kumar ordered thus as it noted that the District Judge had admitted a revision petition without condoning delay under Section 5 of the Limitation Act.

The matter relates to a defective revision (being barred by time) filed before the Court, while the summons was still not served, the revision applicant was directed to do pairvi. However, on two subsequent dates (August 22, 2022, and August 28, 2022), the matter could not be taken up as the lawyers were abstaining from work.

Further, on September 7, 2022 (the next date), the presiding officer himself was busy with some administrative work, therefore, again, the matter couldn't be taken up. However, on the next date (October 12, 2022), the District Judge passed an order summoning the record of the execution case instead of the record of the suit.

On October 13, 2022, the opposite party appeared in the revision application, and the matter was posted for hearing on October 14, 2022, but on the said date, again the lawyer abstained from work so the matter could not be taken up.

Thereafter, an objection was filed by the petitioner-landlord objecting to the miscellaneous Stay Application, and on the next date, that is on October 17, 2022, the revision-applicant filed his reply to the objection and the matter was fixed for hearing on November 17, 2022, was fixed.

However, even prior to this date, the case was taken up on November 1, 2022, and that too without assigning any special reason for recalling the file and further summoning the executing court's order i.e. Parwana.

Now, against this backdrop, the petitioner moved to the High Court challenging two orders of the District Judge passed on October 12 [summoning the record of the execution case instead of the record of the suit] and November 1, 2022 [recalling the file and further summoning the executing court's order].

Taking note of the facts of the case, the High Court, at the outset questioned the decision of the Varanasi Court to hear the matter two weeks prior to the fixed date on November 1, 2022.

"...how the case has been advanced by two weeks to pass the order is not reflected from the order sheet. It is well settled that unless and until Section 5 application is allowed neither the appeal nor the revision can be held to be a competent one."

The Court further noted that the same judge had earlier committed a similar mistake by admitting one revision petition without condoning delay under Section 5 of the Limitation Act, however, the matter was disposed of by the HC after taking a lenient view in the matter. 

Further, taking into account the order sheet, the Court, while noting that the District Judge, Varanasi is in the habit of committing impropriety in the discharge of his judicial function, directed him to appear before the Court.

In the meanwhile, until further order of the HC, the orders dated 12.10.2022 and 1.11.2022 passed by the District Judge, Varanasi were stayed by the Court.

Case title - Asheem Kumar Das v. Manish Viswas And 4 Others

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