SANGEETA CHANDRA, SHREE PRAKASH SINGH
Debt Recovery Tribunal Bar Association Thru. Its Secy. Arvind Kumar Srivastava – Appellant
Versus
Union of India Ministry of Finance, Deptt. of Financial Services Thru. Secy. – Respondent
JUDGMENT
Heard Shri. Asit Chaturvedi, learned Senior Advocate assisted by Shri. Anuj Kudesia, and Shri. Prashant Kumar Srivastava, for the petitioners in Writ-C No.7725 of 2022 and the learned Deputy Solicitor General of India, Shri. S.B. Pandey, Senior Advocate assisted by Shri. Anand Dwivedi, for the Opposite party nos.1 and 2, the Union of India and Shri. Gaurav Mehrotra, and Ms. Ritika Singh, appearing for the Opposite party no.3 and Shri. A. H. Khan, Presiding Officer, DRT, Lucknow, who appears in person.
2. This writ petition has been filed by the petitioners for the following main prayer:-
The court mandated a preliminary scrutiny of allegations against the Presiding Officer of DRT, emphasizing accountability and the need for judicial decorum.
The District Magistrate can correct typographical errors in orders under the SARFAESI Act without that being a review; appeals must be filed under Section 18 if available.
The Registrar of Debt Recovery Tribunal has jurisdiction to issue notices in Securitisation Applications, and procedural delays do not constitute grounds for intervention under Article 227 without su....
Writ petitions against the Registrar General must be heard by a Division Bench, and relief cannot be granted without proper jurisdiction and due process.
Point of Law : Service Law - Punishment of Compulsory Retirement - Illegal gratification - An order passed imposing a punishment on an employee consequent upon a disciplinary/departmental enquiry in ....
(1) Recovery of debt – A person whose case is based on falsehood has no right to approach Court and he can be summarily thrown out at any stage of litigation. (2) Debts Recovery Tribunal shall not en....
Alternative remedy is not an absolute bar on maintainability of a writ petition under Article 226 of Constitution of India, where DRT has exceeded in exercising its jurisdiction.
Point of law: In appropriate cases, the courts may consider ordering prosecution otherwise it may not be possible to maintain purity and sanctity of judicial proceedings.
The Disciplinary Committee of the Bar Council of India cannot entertain appeals without prior punishment being imposed by the State Bar Council, rendering subsequent orders non-est.
Judicial officers must be allowed to act independently; dissatisfaction with decisions does not constitute grounds for alleging impropriety without substantial evidence.
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