Prayagraj/New Delhi, April 22 The Allahabad High Court has dismissed a writ petition filed by a court clerk challenging disciplinary action taken against him for the loss of a judicial file, observing that such lapses strike at the very foundation of the justice delivery system and must be dealt with strictly.
Dismissing the plea, a single-judge Bench of Justice Anish Kumar Gupta held that the scope of judicial review in disciplinary matters is limited and found no illegality in the punishment imposed by the authorities.
The petitioner, Mahaveer Sagar, who was working as a clerk in the District Judiciary at Rampur, had sought quashing of the order dated October 23, 2007, whereby four increments were withheld with cumulative effect after he was found guilty in disciplinary proceedings.
He had also challenged the appellate order dated March 11, 2011, which affirmed the punishment. The case stemmed from the disappearance of a file relating to a complaint case from the office of the Chief Judicial Magistrate in Rampur.
Despite multiple opportunities granted to trace the missing file, it could not be recovered, following which responsibility was fixed on the petitioner, who was the concerned clerk at the relevant time.
Rejecting the petitioner’s contention that responsibility for the missing file had not been conclusively fixed, the Delhi High Court recorded that the enquiry was conducted after granting full opportunity to the petitioner to defend himself.
“Misplacement or loss of a judicial file from the record of the judiciary is a very serious allegation, which impacts the administration of justice, and the same is required to be handled with iron rod,” Justice Gupta observed.
The judge further recorded that there was no allegation of any procedural lapse in the disciplinary proceedings, nor was it argued that the punishment imposed was disproportionate to the misconduct.
“There is no allegation that the petitioner was not given an opportunity of hearing at any stage,” the Delhi High Court said, adding that the enquiry officer had concluded, after due process, that the petitioner was responsible for the missing file and guilty of misconduct under the applicable service rules.
Emphasising the limited scope of interference in such matters, the order said that it does not sit as an appellate authority to reappreciate evidence in disciplinary proceedings.
“In such view of the matter… this Court does not find any illegality in the impugned orders passed by the disciplinary authority as well as the Appellate Authority,” Justice Gupta held.
Accordingly, the Delhi High Court dismissed the petition, upholding the punishment imposed on the petitioner.
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