Prayagraj, Nov 14 (PTI) The Allahabad High Court has upheld the dismissal of a court employee who was found guilty of manipulating a convicted prisoner’s age in judicial records to make him eligible for a government scheme for the release of elderly prisoners.
Justice Anish Kumar Gupta observed that manipulation of age in judicial records amounted to serious misconduct as it constituted “direct interference with the administration of justice”.
In an order dated November 2, the court said no lenient view could be taken in cases of such misconduct and dismissed the employee’s writ petition challenging her dismissal from service.
The court was hearing a petition filed by Seema Sharma challenging an October 2010 order of the Administrative Judge, which had enhanced the punishment imposed on her by the Muzaffarnagar district judge from stoppage of one increment for two years to dismissal from service.
In January 2000, the state government had introduced a scheme for the release of prisoners who had undergone more than three years of imprisonment and were above 60 years of age.
Sharma had allegedly manipulated the judicial record of a 1977 sessions trial in which one Juber was convicted of murder and sentenced to life imprisonment by a judgment delivered in November 1978.
For determining eligibility under the scheme, the prisoner’s age was to be ascertained on the basis of the age mentioned in his statement recorded under Section 313 of the Code of Criminal Procedure (CrPC).
The original judicial record mentioned Juber’s age as 19 years when his statement was recorded. However, while responding to a questionnaire dated September 13, 2000, Sharma mentioned his age as 38 years, thereby manipulating the record.
The discrepancy was subsequently detected, following which an inquiry was conducted.
The district judge, Muzaffarnagar, initially imposed the punishment of stoppage of one increment for two years under Rule 4(d) of the Uttar Pradesh Subordinate Court Staff Punishment and Appeal Rules, 1976.
However, when Sharma challenged the punishment before the Administrative Judge, the appellate authority considered the charges serious and issued a show-cause notice proposing enhancement of the punishment to dismissal from service.
After considering her reply, the Administrative Judge enhanced the punishment to dismissal from service through an order passed in October 2010, while dismissing her appeal. PTI COR RAJ MDO
MDO
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