The High Court expunges the adverse remarks against the Judicial Officer

Considering the assurance, undertaking and unconditional apology, the High Court expunges the adverse remarks against the Judicial Officer
The Hon’ble High Court vide order dated 18.11.2019 passed adverse remarks against a judicial officer for creating scene inside the court room, which was unwarranted and also it manifested disrespect to the high court,which is not expected of a judicial officer and directed the Senior Registrar to place the order dated 18.11.2019 before the Hon’ble the Chief Justice for taking appropriate and necessary action.
On application moved by the Judicial Officer for expunction of the adverse remarks made against him by this Court in its order dated 18.11.2019 the Hon’ble Court held:

Considering the overall facts of the case as the applicant is a Judicial Officer of the of rank of Additional District Judge and also as he expresses sincere regret and remorse regarding his conduct which is also reflected from his affidavit filed in support of the application for expunction of remarks, paragraph 2 and 11 of which read as under:-

“2. That before submitting anything on the fact the deponent most respectfully submits that he is Judicial Officer member of Higher Judicial Services and he maintains high dignity and discipline of his office and his entire carrier remained throughout unblemished. The deponent begs repentance and he extends remorse and begs unqualified pardon from this Hon’ble Court if anything spoken, demonstrated or done by him which is tantamount unreasonable or undisciplined on his part. He always obeyed the orders issued by this Hon’ble Court and complied with in letter and spirit and he has made always frantic endeavour to dignify the judicial system and his office from his girt coast of his heart and he can never speak or show any gesture which is against the dignity or majesty of this Hon’ble Court.

11. That the applicant begs unconditional apology from this Hon’ble Court regarding the observation made against him in the order dated 18.11.2019 and he extends assurance that such thing will never happen in future. It is settled law that this Hon’ble Court may invoke the inherent power to wipe off the remark/observation made against the judicial officer. Hence, the above said application is being preferred invoking the provisions of Section 151 of Code, 1908.”

As also considering his assurance, undertaking and unconditional apology contained in paragraph 11 as quoted above, we are persuaded to expunge the adverse remarks contained in the order dated 18.11.2019 relating to the petitioner starting with the words “we asked a question to him” and ending with the words “and even requested this Court to initiate appropriate action against the officer.”

The applicant has remained under suspension for more than a year. He has realized his mistake, therefore, we see no reason to allow the aforesaid remarks to continue against him any further in view of what has been stated hereinabove. The same shall be treated as expunged and shall not be used against the applicantManoj Kumar Shukla in his career.

As regards the disciplinary proceedings pending against him, the consequences shall follow accordingly as per law.