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Synopsis

In a recent order, the Allahabad High Court at Lucknow Bench imposed Rs 2500 cost on the petitioner for leveling unsubstantiated allegations against the presiding officer in his case. Court found the allegations to be vague and scandalous, resulting in a financial penalty for making baseless claims within legal proceedings.

A plea was filed by one Rajesh Kumar challenging the order dated June 25, 2024, passed by the Additional Director of Consolidation, which had rejected the petitioner's application for transferring the proceedings. The petitioner's counsel argued that the presiding officer conducted the proceedings improperly, warranting the transfer.

The bench of Justice Jaspreet Singh after hearing the petitioner’s counsel and reviewing the record, noted that the allegations in paragraphs 4 to 6 of the transfer application were without substantial evidence. The court highlighted that the petitioner failed to provide specific details or dates to support his claims, even when directly questioned by the court. This lack of substantiation rendered the allegations as mere attempts to discredit the presiding officer without just cause, court opined.

Court referred to previous rulings emphasizing the need for concrete evidence when alleging bias or misconduct against a judicial officer. Mere presumptions or unverified apprehensions are insufficient grounds for granting a case transfer, it highlighted.

Court cited several precedents, including Vinod Kumar Singh vs. Board of Revenue U.P., which articulated that acting on unsubstantiated allegations could harm the administration of justice.

Court further underscored that making unfounded allegations against judicial officers not only undermines their reputation but also affects the integrity of the judicial system. Such actions must be met with strict responses to maintain discipline and uphold the judiciary’s respect and authority, it said.

Initially, the court imposed a cost of Rs. 10,000 on the petitioner while dismissing his plea. However, following a plea from the Oudh Bar Association's Treasurer, Sudhakar Mishra, the cost was reduced to Rs. 2,500.

The amount was directed to be deposited with the court's Mediation Center.

Case Title: Rajesh Kumar v. Addl. Director Of Consolidation, Lucknow And Others