LAWS(ALL)-2014-8-67

MUSHARRAF HUSSAIN Vs. STATE OF U P

Decided On August 26, 2014
Musharraf Hussain Appellant
V/S
STATE OF U P Respondents

JUDGEMENT

(1.) Petitioner is a Judicial Officer. He was initially appointed on 3.9.1984 as Additional Munsif and was posted at Hardoi. He was promoted as Civil Judge ( Sr. Div.) on 26.8.1993. Further promotion to the post of Additional District & Sessions Judge was accorded to him on 17.5.2001, and he was confirmed as such on 25.5.2005, which post he continues to hold. Petitioner was awarded an adverse entry on 2.7.2005 for the year 2004-2005. Representations filed against it were rejected. Being aggrieved, he has filed the present writ petition with the following prayers:-

(2.) The petitioner has put in nearly thirty years of service as a Judicial Officer. During the relevant period, i.e. 1.4.2004 to 31.3.2005, petitioner was posted as Additional District Judge, Shahjahanpur, in different capacities. He decided 173 Sessions Trial during this period, including Sessions Trial No. 297 of 1995 (State Vs. Laik and others). The then District Judge, Shahjahanpur, after he was transferred to Moradabad, awarded following Annual Remarks to petitioner on 2.7.2005:-

(3.) It is undisputed that except for the year 2004-2005, the service record of the petitioner has been unblemished and his working as a Judicial Officer has always been satisfactory. However, the impugned adverse entry has resulted in petitioner's super-session by thirty junior officers, in January, 2014, for the post of District Judge, and by 179 junior officers, for grant of selection grade, in March, 2014.