ARVIND KUMAR Vs. HIGH COURT OF JUDICATURE

JUDGEMENT

(1.) The Court was addressed by Shri Shashi Nandan, Senior counsel assisted by Sri Udayan Nandan, learned counsel for the petitioner and Shri Manish Goyal, learned counsel for respondents in a most precise and a concise manner with all fairness without any competitiveness of winning and loosing. The assistance and the ability with which it has been provided is worth appreciation.

(2.) Petitioner Arvind Kumar-II a member of the subordinate judiciary of the State of U.P. visualizing that his career is in ruins preferred this petition under Article 226 of the Constitution of India for expunging the remarks made against him by the District Judge in paragraph 32 of the judgment and order dated 20.3.2013 passed in Rent Appeal No. 42 of 2012 (Asfar Husain Vs. Smt. Shamin Bano).

(3.) The petition was first presented to a Division Bench and on a query made by the Court as to whether the petitioner has preferred any representation against the adverse remark contained in the above paragraph, the petitioner instead of submitting specific reply informed that such a remark made on judicial side can be addressed by the court in exercise of its inherent power of superintendence contending thereby that the making of representation is of no avail. Accordingly, the Court vide order dated 13.12.2013 directed this petition to be treated as one under Article 227 of the Constitution of India. It is in pursuance of the said order that the registry has placed and listed this petition before me as I am dealing with petitions under Article 227 of the Constitution of India arising from suits.