ASHOK KUMAR MISHRA Vs. DISTRICT JUDGE MAHOBA

JUDGEMENT

(1.) Shri Dharam Pal Singh appears for the petitioner appellant. Shri Rajiv Gupta represents the respondents.

(2.) In this intra court special appeal under Chapter VIII Rule 5 of the Allahabad High Court rules, 1952 the judgment of the learned Single Judge dated 4.12.2006 dismissing the writ petition against the order of the District Judge accepting the appellant's resignation, is under challenge.

(3.) The petitioner was working as a confirmed driver in the judgeship at Mahoba. By a letter dated 26.4.2000 he made a complaint to the District Judge (the appointing authority), of various irregularities in appointment and promotions made in the judgeship with which he was aggrieved. He referred to wrongful promotion of Shri Man Singh on 18.10.1997 by the then District Judge, against which he had filed an appeal, and sent a letter to the High court. He referred to a notice given to him by the District Judge at the instance of his gunner Shri Ram Kripal dated 2.4.1999, and for payment of his honorarium since 1997. He also referred to promotions made on 9.3.1999, 20.11.1999 and 21.4.2000, in which the District Judge had made allegedly, in an arbitrary manner, promotions based on castes. Shri Ashok Misra, Shri Vinod Kumar Dubey, Shri Ambrish Kumar Shukla all Brahmins by caste were alleged to be supporting the Harijans and were promoted on that ground. This District Judge had employed his brother-in-law, Shri Ram Sewak, as orderly in the Court of Chief Judicial Magistrate and had employed his son in law Shri Dharm Pal Singh for running photocopy machine. He was working in the comfort of a room and was provided with a fan and a cooler. Shri Sanjay Varun was the nephew of the District Judge and was employed as 'Ahalmad' Second Grade, in the Court of Chief Judicial Magistrate. Similarly Subhash, Munna Lal, Jabbar Singh, Nagendra employed in the judgeship and Ishwar Singh, jeep driver were alleged to be the relatives of the District Judge, and were residents of Buland Shahar, and Ghaziabad. The Administrative Officer Shri Ishhaq Ahmad Kuraishi had appointed his son Imran Khan in the judgeship on 21.4.2000. The petitioner appellant then stated in the complaint, that he has been mentally harassed and put to financial difficulties by the District Judge and the Administrative Officer, who have again threatened him, on that day and that under severe mental and financial strain he is submitting his resignation to the District Judge, Mahoba. He threatened that he will be on hunger strike from 26.4.2000 to 1.5.2000 and will wait for disposal of his complaint up to 1.5.2000, and on 1.5.2000 at 7.00 a.m., in the morning he will immolate himself in the open court of the District Judge. The District Judge accepted his resignation, on the next day on 27.4.2000.