Allahabad HC Refrains From Making Adverse Remarks Against 'Young' Magistrate, Orders Inquiry Against His Staff For Uploading 2 Unsinged Order Drafts

While refraining to pass adverse orders against a young magistrate, the Allahabad High Court ordered inquiry against his staff for uploading two copies of draft unsigned order on the website.

Applicant approached the High Court against the order passed by the Additional Chief Judicial Magistrate, Ghaziabad in the defamation suit filed by the opposite party, one Ankur Garg. Other than arguments on merits of the defamation suit, it was argued that the Additional Chief Judicial Magistrate, Court No.5, Ghaziabad passed two orders in the defamation case, one dismissing the suit and the other one issuing summons to the applicant.

Earlier bench hearing the case had called for a personal affidavit of Sri Sandeep Singh, the then Additional Chief Judicial Magistrate, Court No.5, Ghaziabad.

Observing that the orders were contradictory in nature and that the summoning order was unreasoned, the Court quashed both the orders. The Court further directed that the unsigned order be not made a part of the proceedings and the case was remanded back to the Trial Court to pass a fresh order.

Justice Saurabh Shyam Shamshery observed that

“So far as conduct of Magistrate is concerned, the Court finds that he was not careful, therefore, an unsigned contrary order was uploaded. He has also not initiated any inquiry against staff concerned. The Court is informed that he is a young Magistrate, therefore, keeping in view of his long carrier, I am not passing any adverse order. However, District Judge concerned is directed to initiate an inquiry, under which circumstances staff of concerned Court has uploaded two unsigned draft orders on website.”

Accordingly, the application under Section 482 CrPC was disposed of.

Click Here To Read/Download Order