Judge is duty bound to pass the order correctly by applying the correct law

If a Judge of a subordinate court fails to conduct himself in a manner expected of the Judicial Officer, it is not only bound to lower the dignity and majesty of the Court but it may even tend to shake the faith and trust of the litigant who is the most important stake holder in the justice dispensation system.

The Hon’ble High Court of Allahabad in the matter of Mohd. Irshad vs. Smt. Anjum Bano, directed to call the Principal Judge, Family Court, Sultanpur for his appearance in this matter.

On his appearance, Sri Manoj Kumar Shukla, the Principal Judge, Family Court, Sultanpur submitted as under:-

“(i) He has been unnecessarily called before this Court even when he has not passed the order dated 23.10.2019.

(ii) This Court should not have called the Judicial Officer in such a manner in which he has been called inspite of the fact that he has not passed the said order.

(iii) The Hon’ble Apex Court time and again reminded that a Judicial Officer should not be called before the Court and even then, he has been called by this Court.”

The Judge stated that even if there is heavy rush of work and lack of other infrastructural facilities, Judge is duty bound to see that whether he is passing the order correctly by applying the correct law. They reminded him to take the name of Hon’ble Judge with respect, however, ignoring the said fact, he said that at that time also, he was unnecessarily called for by the High Court and now again he has been unnecessarily called for and he commented adversely on the functioning of this Court.

It was observed that the conduct of the Judicial Officer in full view of the members of the Bar was not only disrespectful but was an attempt to show this Court in poor light. Our Constitutional Scheme recognizes and provides for a hierarchical system of Courts in achieving the goal of dispensation of justice. In such a hierarchy, if a Judge of a subordinate court fails to conduct himself in a manner expected of the Judicial Officer, it is not only bound to lower the dignity and majesty of the Court but it may even tend to shake the faith and trust of the litigant who is the most important stake holder in the justice dispensation system. The behaviour and conduct of the Judicial Officer inside the Court room was such that it even caught the attention of the learned Members of the Bar who felt annoyed and even requested this Court to initiate appropriate action against the Officer.

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