INSULTING PUNISHMENT

There were three incidents during my judgeship that taught big lessons to me. Here is the first one, relating to an employee. 

Allahabad High Court - 1966

Advice to Young Judges

Judges Have Difficult Job।। Why Six & Not Nine Months at JTRI।। Insulting Punishment।। Act Without - Pressure, Fear, Expectation।। Decide Without Favour।। Adopt More Active Role।।Raja Bhoj and the Grazier।। Be Open & Correct Mistakes।। ।। 

In the High Court, when notice is issued in a case, then steps are to be taken within a stipulated time. If steps are not taken within time, then the case is listed before the Registrar and when even then the steps are not taken, it is required to be listed under chapter 12 rule 4.

Chapter 12 rule 4 cases are taken up after lunch and in the meantime, the lawyers are supposed to take steps. If the steps are not taken, then the case is dismissed after lunch against those respondents, for whom, steps are not taken. If the case cannot proceed in the absence of those respondents, then the entire case is dismissed. 

Chapter 12 rule 4 cases are never adjourned. They are restored if the lawyers file an application with steps. The entire reason is to force a lawyer to take steps.

The office often used to list such cases for orders. These cases are adjourned on an application, or an illness slip or on a mention. 

The section officer was called in my chambers and explained that he should list the case under chapter 12 rule 4 rather than under order cases. However, even after explaining on three different occasions in the chambers, the cases continued to be listed under orders. Tired of explaining, I thought of a way that he may not forget.

I called the section officer in the court, scolded him, and asked him to stand in the corner till the rising of the court. This was an insulting punishment and wrong on my part. After a few days, I heard that there was going to be a boycott of my court by the employees. Something was required to be done to correct the mistake. 

A word was sent to the employees’ union office bearers that I wanted to come to their meeting. They requested me not to come and said that they will come to my chambers. 

I explained the reason for my behaviour, admitting the mistake. But also said that the other option was to pass an order about the carelessness of the section officer. It would have gone on his service record, making him liable to be compulsorily retired.  I offered to come to their general house meeting and apologise.

The office bearers understood my dilemma in giving that oral punishment. They requested me not to come to their general house meeting and apologise. They further requested that I may not pass the order in writing.

The correct procedure was that I should have called the office bearers as well as the section officer to my chamber and after explaining them everything, should have asked them to tell me, what should I do, so that the section officer may not forget to follow the rules.  As the action of the section office was leaving no option but to pass a written order that will go in his service record book.

Well, everything ended peacefully, and I learnt a lesson. Thereafter, whenever I came or even now come across repeated mistakes, I ask the person concerned, what punishment may be given, so that it may not be repeated. This always solves the problem.

#AdviceToYoungJudges #GoodJudge