'Gross Insubordination': Delhi Court Calls For Departmental Action Against Ahlmads Over Non-Compliance Of Order Citing Shortage Of Staff

A Court of Chief Metropolitan Magistrate in the Karkardooma District Court complex has requested for initiation of departmental action against Ahlmads over their non-compliance of its previous order for issuance of process, citing the issue of staff shortage.

Calling it gross insubordination and dereliction of duties, CMM Arun Kumar Garg said:

"The aforesaid explanation is unacceptable considering the fact that there are two Asstt. Ahlmads along with one Ahlmad appointed in this Court against the pendency of approximately 540 cases and hence, the non compliance of the previous order can only be attributed to the gross negligence of the Ahlmad and the Asstt. Ahlmads and their scant regard towards the directions of this Court."

An endorsement was made by the Ahlmad stating that the process in terms of the order dated September 17 could not be issued due to shortage of staff.

Finding the aforesaid explanation as non satisfactory, the Court said:

"I deem it appropriate to report the matter to Ld. Principal District & Sessions Judge, NE with a request to initiate appropriate departmental action against the Ahlmad/Asstt. Ahlmads for dereliction of duties on their part and for gross insubordination."

The Court was dealing with a case wherein it was alleged that the accused had cheated as many as 33 persons to the extent of an amount of more than Rs. 1 Crore.

Seeking bail in the matter, the accused submitted that investigation was already completed and chargesheet was also filed in the matter, therefore no purpose would be served by keeping him behind bars.

On the other hand, the State had submitted that the accused had absconded after selling his house and hence, if granted bail, there was every likelihood that he may not appear before the court to face trial. 

Denying bail to the accused, the Court said:

"Considering the nature of the offence, the extent of cheated amount as well as number of victims coupled with the fact that as per the IO, accused had been absconding and hiding himself while he was arrested on 16.06.2021, in my considered opinion, it is not a fit case to grant bail to the accused at this stage."

The Court also took cognizance of the chargesheet under sec. 406 and 420 of IPC and sec. 3 and 4 of Prize Chits and Money Circulation Scheme(Banning) Act against the accused. 

"Copy of this order be given dasti to the counsel for the applicant/accused. Another copy be sent to Supdtt. jail concerned for his information and record. Copy of this order be also sent to Ld. Principal District & Sessions Judge, NE and to DCP EOW forthwith," the Court said.

The Court also called an explanation from DCP, Economic Offences Wing as to why a substitute IO was not deputed till date followed by the transfer of the earlier IO.

Case Title: STATE VS. MOOL CHAND

Click Here To Read Order