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2025 DAILYLAW 100060 (ALL)

ASHISH NIGAM v. DISTRICT JUDGE AND ANOTHER

WRIC/33641/2025 · 2025-10-07

Saral Srivastava, Sudhanshu Chauhan

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - C No. - 33641 of 2025 Court No. - 40 HON'BLE SARAL SRIVASTAVA, J. HON'BLE SUDHANSHU CHAUHAN, J. 1. Heard Sri Yash Padia, learned counsel for the petitioner and learned counsel for the respondents. 2. The petitioner by means of the present writ petition has assailed the letters dated 29.07.2025 and 02.08.2025, whereby the District Judge, Mirzapur has directed the Chairman, Bharat Petroleum Corporation Limited, to deduct the cost imposed by the Court from the salary of the petitioner, and has further directed respondent no.2 to initiate disciplinary proceedings against the petitioner on the ground of not maintaining decorum in the Court. 3. It is contended that the impugned letters dated 29.07.2025 and 02.08.2025 are without jurisdiction, inasmuch as the District Judge, Mirzapur cannot issue such directions in his personal capacity. Accordingly, it is submitted that the impugned letters are not sustainable in law. 4. We have perused the impugned letters and find substance in the submission advanced by the learned counsel for the petitioner. At the same time, it is expected from an officer of a Corporation to maintain the decorum of the Court so that the faith of the public in the judicial system is not eroded. 5. Considering the nature of the remarks made by the District Judge, Mirzapur in the letters dated 29.07.2025 and 02.08.2025 against the petitioner, we find it appropriate to grant liberty to the petitioner to file an application before the District Judge, Mirzapur for recalling the said letters, Versus Counsel for Petitioner(s) : Yash Padia Counsel for Respondent(s) : Anand Tiwari, Ashish Mishra Ashish Nigam .....Petitioner(s) District Judge And Another .....Respondent(s) tendering an unconditional apology, within a period of three weeks from today. Upon submission of such application along with an affidavit tendering the apology, it is expected that the District Judge, Mirzapur shall consider the same sympathetically and pass appropriate orders in accordance with law. 6. Until the District Judge, Mirzapur disposes of the application of the petitioner, the operation of the letters dated 29.07.2025 and 02.08.2025 shall remain stayed 7. In view of the above, the writ petition is disposed of. October 8, 2025 Gaurav WRIC No. 33641 of 2025 2 (Sudhanshu Chauhan,J.) (Saral Srivastava,J.) Digitally signed by :- GAURAV PATEL High Court of Judicature at Allahabad