Complaint against judicial officer
rajnish tiwari
(Querist) 08 May 2015
This query is : Resolved
Judicial officer has removed documents from record after document submitted in his court. There is evidence for the same and complaint has been filed with Administrative Judge of High Court. Judge has removed crucial documentary evidence and thus influenced judgement. Had those documents not been removed, judgement must have been completely different because judge could not have justified his judgement legally with those documents on record. I have requested action against judicial officer under Sec 219 ipc, Cr pc 195 and contempt of court. What are the chances action will be taken by high court U/s 3(2) of Judges protection act 1985. In the past on my complaint high curt has conducted an enquiry and termed the conduct on one judicial officer as deceitful and that official record is available with me. My contention is that judicial officer cant claim immunity as tampring with evidence is not part of his judicial duty.
SAINATH DEVALLA
(Expert) 08 May 2015
So twice U have been ditched by the Judicial Officers.I find there is something more in UR query than those mentioned by U.
Rajendra K Goyal
(Expert) 09 May 2015
High court has conducted inquiry. Any action depends on the inquiry report.
rajnish tiwari
(Querist) 09 May 2015
Complaint against judicial officer (C
Well I know action should depend on inquiry report. However, action of respective judicial officers and Registrar Generals has seriously undermined confidence in judiciary.I find it difficult to reconcile with this fact that in a single case two successive officers have done such misadventure..........and I am aghast at the brazenness of successive judicial officer. He has been given copy of enquiry report of high court against his pre decessaor in order to deter him from any misadventure, however to no avail.Well I am committed to fight till justice is secured. In case justice is not secured I will also write blog like many previous victims who have exposed high and mighty in judiciary to expose them. But million dollar question is if judiciary becomes so irresponsible where will ordinary public go for justice? Because of constant barrage of RTI application, I have now decidedly put Registry of high court on defensive and they say matter is still under investigation after couple of months since complaint is forwarded to Administrative Judge. I never envisaged that my fight against a person will turn to one against justice delivery system .
rajnish tiwari
(Querist) 09 May 2015
As Far as Mr Devalla's comment is concerned, he is right when he says there is more to my queri. Now the issue is not about justice or injustice to me any more. It has turned into larger issue of whether higher judiciary will apply the same yardstick when it deals with erring judicial officer of lower judiciary.My experience is kabhi khusi kabhe gam type. I believe that it is good that they have acknowledged that conduct of erring judicial officer was deceitful and also made me available of copy of investigation report though after intense struggle. However, when it comes to taking action, I found it a mere cosmetic excercise. Afterall, what can be worse than Judicial officer removing documentary evidence in custodia Legis with a view to influence judgement and then write false report after removing those documents. Shouldnt punishment be exemplary to deter such behaviour. Experts should rest assured that, my compliant has been backed by hard evidence....otherwise yours faithfully have been put behind bars long back alleging Contempt of court.
But most important......should I take help of state Bar council to agitate against this matter? Nothing less than termination and severe punishment against erring judge will satisfy my soul now. And, million dollar question....will they take up this matter on my behalf and for cause of probity in judiciary.
T. Kalaiselvan, Advocate
(Expert) 10 May 2015
The grave concern of the author is noted with sympathy, what else can we do than sympathise his pathetic condition. But the fact is the justice will always win one or the other day in any form. One has to wait for it. The God of Dharma will come to prevail upon let us be hopeful. For the information of author, such incidences are not stray but are regularly happening in our corrupt judicial system.
Dr J C Vashista
(Expert) 10 May 2015
I agree with expert Mr. T Kalaiselvan.
Biswanath Roy
(Expert) 10 May 2015
My opinion is that the " lamentation" cannot be the proper solution of such a wrong. I praise author for his courage to combat against such fraudulent act. Such type of offences falls under the competence and determination of the Administrative Court functioning under the Chief Justice of the State High Court. If the offender judicial officer is not punished by the Administrative Court, the aggrieved person can move a PIL before the Hon'ble Chief Justice of Supreme Court under Article 32 of the Constitution of India. But such petition should be drafted by an well versed counsel in Constitution of India who knows to avoid patholes lying in PIL.
