Recently, the Allahabad High Court at Lucknow allowed an application filed by a Judicial Officer seeking expunction of remarks made by the High Court.
Sri Manoj Kumar Shukla erstwhile Principal Judge, Family Court, Sultanpur at present attached to the judgeship of Sultanpur and under suspension since 22.11.2019 moved an Application for expunction of adverse remarks made against him by the High Court in its order dated 18.11.2019.
A Division Bench of Justice Rajan Roy and Justice Saurabh Lavania heard the application and noted in order that:
“He stands before us with folded hands and in tears, seeking mercy and pardon.”
Applicant- Judicial Officer stated before court that on 18.11.2019, when he had appeared before the Court he was slightly anguished because he had not passed the order impugned in the first appeal yet he had to appear before the High Court and in a momentary lapse of control over his faculties the incident recorded in the order of this Court dated 18.11.2019 happened the repents for the same.
He further said that he shall never repeat what he did before the Court on 18.11.2019 and earlier before another Bench. He said that his entire career is at stake as he is superseded by officers junior to him, who have been promoted as District Judge.
On being asked, he informed the Court that he was never given any adverse entry in his ACR in his service career since 1996 till the aforesaid incident.
Considering the overall facts of the case as the applicant is a Judicial Officer of the of rank of Additional District Judge and also as he expresses sincere regret and remorse regarding his conduct, also considering his assurance, undertaking and unconditional apology, the Court expunged the adverse remarks made against the Judicial Officer.
The Court also provided that the adverse remarks shall be treated as expunged and shall not be used against the applicant Manoj Kumar Shukla in his career.