IMPORTANT POINT
Judicial officers must maintain the highest standards of integrity and conduct, and any misuse of their position for personal gain undermines the integrity of the judiciary.

JUDGMENT :

1. Heard Shri Mukesh Kumar Singh, learned counsel for the petitioners namely (i) Manoj Kumar Gupta, Executive Engineer, LESA Trans, Sitapur Road, Lucknow; (ii) Deependra Singh, Sub Divisional Officer at 33/11 KV Sub Station Faizullaganj, Aliganj, Lucknow; (iii) Rakesh Pratap Singh, contractual employee at 33/11 KV Sub Station GSI, Aliganj, Lucknow and Shri Avinash Mani Tripathi and Shri Anwar Hussain, learned counsel for respondent no.4 Bhagwan Das Gupta, presently posted as C.J.M., Banda and Shri Baleshwar Chaturvedi, learned Amicus Curiae for the Electricity Department and also Shri Ghanshyam Kumar, learned A.G.A.-I for the State of U.P.

Pleadings have been exchanged between the parties as well as the written submissions were also furnished by the respective counsels. The matter is ripe for final adjudication of the case.

The matter was heard by this Court at length on 05.10.2023 and the judgment was reserved. In the intervening period, while drafting of judgment was about to complete, the Court came across certain issues which need further clarification. Under the circumstances, on 10.5.2024 the case was ordered to be listed on 21.5.2024 for further hearing. After having clarifications, hence this judgment.

From the array of the parties, it is evident that the F.I.R. was lodged by respondent no.4 Dr. Bhagwan Das Gupta, in his personal capacity and on his own name, as an informant of Case Crime No.606 of 2023, u/s 406, 409, 419, 420, 464, 467, 468, 471 and 386 I.P.C., Police Station Kotwali, District Banda, against the petitioners, who are the serving officials of the Electricity Department of the government.

Hence, this petition by the petitioners, who are jointly assailing the legality and validity of the F.I.R. lodged by respondent no.4 who is a judicial officer at Banda Judgeship and posted as Chief Judicial Magistrate.

Before coming to the merit of the case, this Court would like to enucleate the level of standard expected from the Judges or even from the magistrates and thereafter deal with the merit of the case.

PREFACE :

“My son, do not forget my law, but let your heart keep my commands; Let not justice and truth forsake you, bind them around your neck, write them on the tablet of your heart.”

As per the provisions of Article 261(3) of the Constitution of India the Judges while discharging their duties in the district courts enjoy constitutional authorities. Their position and authority cannot be compared with the position of other civil servants, discharging their duties their peace, law and order in the society, that’s the reason this Court is in favour of calling them as “Judges” and not as a Judicial Officer. They are not officers but Judges. This position was reiterated by the Hon’ble Apex Court in the case of All India Judges Association vs. Union of India, 1992 (1) SCC 119, holding that the Judges of the district judiciary are exercising the sovereign function of the State. Their status and position cannot be compared with the officers of the district administration or the police administration. If there can be any comparison, their position is at par with the political executives because going by the nature of duties they are supposed to discharge, they are the decision makers and such decision by way of judgments and orders are binding on all throughout the territory in which they exercise their jurisdiction. Accordingly their behaviour, conduct, temperament, tolerance should also be at par with their constitutional position and the same cannot be compared with other officers discharging their duties for implementing the policies in the society.

Justice R.C. Lahoti, the then Chief Justice of India, in “Canons of Judicial Ethics” says that who talks ethics in these days? and who listens to ethics?, Justice Lahoti by way of giving a beautiful example states that;

A patient visited a doctor’s clinic and asked the receptionist –

“I want to see a specialist of eyes and ears.”

The receptionists said “There are doct