Excelsior Correspondent
Srinagar, Aug 27: High Court has sent the recommendations to the Chief Justice for recalling the presiding officer of the Munsiff Court, Anantnag from his posting and for undergoing refresher training in the State Judicial Academy for not holding the court in tune with the procedure and judicial system.
The recommendations were made in a petition wherein the court has sought record of the basic case two cases pending before the court of Muniff Anantnag
Justice Rahul Bharti while going through the civil court proceedings passed by the incumbent Munsiff said this court itself embarrassed as to the mind-set with which the Presiding Officer/Judge of the Court of Munsiff, Anantnag has come to pass judicial orders in the pending two counter civil suits qua same suit property between the same parties leaving the same to nothing short of public ridicule belittling the very institution of District Judiciary and the Administration of Justice.
“…that the courts comprised in the district judiciary are the first point of interface with citizens, this Court is constrained to take cognizance of the manner in which the Presiding Officer of the Court of Munsiff, Anantnag has come to act in discharge of judicial function and conduct the cases which leave the administration of justice becoming a mocking matter at the hands of the judge of the civil court itself, and which is likely to erode, and in fact must have already eroded, the respect oriented public perception viz the district level judicial institution,” Justice Bharti recorded.
The court upon going through the record of the two civil suits pending before the court of Munisff Anantnag was unable to defer the immediate indulgence even for the next date as the court said, that would have mean stretching the public ridicule of the judicial institution even after this Court has stepped into the scene in the form of entertaining of the present petition filed under article 227 of the Constitution of India.
“This Court is, thus, resorting to a remedial measure of recommending to the Hon’ble Chief Justice of the High Court of Jammu & Kashmir and Ladakh to recall the incumbent judge from his/her posting as Munsiff, Anantnag for undergoing refresher training in the State Judicial Academy for an appropriate course of period before restoring judicial/court work to said judicial officer”, Justice Bharti recommended.
Justice Bharti further added that though in exercise of jurisdiction under article 227 of the Constitution of India the court has the administrative competence to pass an appropriate order with respect to the said judicial officer but for the sake of judicial propriety and for prestige of the position of the Hon’ble Chief Justice of the of the High Court of Jammu & Kashmir and Ladakh as being the head of the entire judicial institution of the UT of J&K And Ladakh, Justice Bhart has made recommendation for the intended end.
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