Allahabad HC Suspends Oath Commissioner For Improperly Executing Affidavits, Directs Not To Re-Appoint Such Persons Without Leave From Court

The Allahabad High Court has issued a show cause notice to an Oath Commissioner to show cause as to why he must not be removed from his post for executing affidavits without there being signature of Deponent and proper identification by Advocate.

Expressing serious displeasure at the conduct of the Oath Commissioners, Justice Vikram D. Chauhan observed,

“It is found that Oath Commissioners being appointed are not maintaining the standard of professionalism and are executing affidavits without signature of the Deponent in the affidavits. In the past occasions, the matter was referred to Competent Authority, however, despite reference, it has been informed that no action was taken in the previous matter. Inaction on the part of Competent Authority is resulting in encouragement to Oath Commissioners in executing affidavits without signature of Deponent.”

A supplementary affidavit was filed before the Court in which there was no signature of the deponent but was duly sworn by the Oath Commissioner, Kamlesh Singh.

The Court observed that Oath Commissioners were appointed under Chapter IV Rule 1 of Rules of the Allahabad High Court and their conduct was unacceptable. The Court further recorded that the Registry of the High Court was unable to take control of the Oath Commissioner and such actions were being repeated.

Since no action had been initiated by the Registrar General of the Allahabad High Court, Justice Chauhan directed that all affidavits filed in the registry shall be scrutinized and defects in this respect may be reported.

“The defect any found by the Registry, an opportunity would be given to respective counsel for removal of defect. Where the defects are not removed by the respective counsel within time granted by the Registry, the aforesaid affidavit shall be rejected by the Registrar General or any Registrar nominated by him. In case, any objection is raised by the counsel to the defect pointed out by the Registry, the objection shall be received by the Registry and shall be placed before the Court concerned.”

The Court directed the Registrar General of the Allahabad High Court to ensure that “there is no interference in administration of justice on account of working of Oath Commissioners.”

The court directed that in future, no Oath Commissioner shall be appointed against whom any observation with regard to his working has been made by any Court nor renewal of any such Oath Commissioners, shall be permitted. Such renewal, reappointment or appointment shall only be made with the leave of the Court concerned, who has made observation.

Registrar General of the Court has also been asked to ensure that Oath Commissioners discharge their duties by way of highest standard and any laxity on the part of Oath Commissioners shall be treated as misconduct and in this respect, the Competent Authority shall immediately take steps whenever such misconduct is brought to the notice of the Competent Authority.

Pending proceedings, Oath Commissioner Kamlesh Singh has been placed under suspension.

Case Citation: 2024 LiveLaw (AB) 182

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