State of U.P. vs Rajesh Tiwari

Pursuant to an order dated 15.05.2010 taking suo-motu cognizance by one of us (Uma Nath Singh, J) for initiating criminal contempt against Shri Rajesh Tiwari, Sub-Registrar, presently posted at Balrampur, contemnor Rajesh Tiwari, is present before this Court. Shri Himanshu Kumar, IG (Registration), is also present in Court. The order taking suo-motu cognizance on reproduction reads as:

On enquiry by the Private Secretary in connection with an envelope sent through a Courier Service known as; DTDC (photocopy of envelope annexed herewith) in the name of one Sri R.N. Singh while writing his address as ; C/o Justice Uma Nath Singh, 1, Gautam Palli, Raj Bhawan Colony, Lucknow, it was found that there is none by the name R.N. Singh in the staff. Though the courier was not received by the staff of the Judge and it was returned but on being asked the person carrying the courier gave a photocopy of the envelope for record. As addressing a letter in the name of a stranger while giving the residential address of the sitting Judge of High Court created suspicion about the nature of mail, hence, a telephonic enquiry was made at Mobile No. 09818681392 as mentioned on the envelope itself. One Rajesh Tiwari who was available on the phone acknowledged to have sent the letter in the name of said R.N. Singh but he could not furnish the details like whereabouts of that person. On the contrary, he became nervous over the telephone and requested to close the matter.

On a further enquiry by the Private Secretary as to whether this Rajesh Tiwari has any pending litigation before this Court, it was found that one Writ Petition No. 144 (S/B) of 2010 Rajesh Tiwari v. The State of U.P. and Ors. had been listed on 17.02.2010 as Item No. 1 in the Fresh Cause List which was disposed of by this Court as per the following order:

Heard Learned Counsel for parties and perused the pleadings of writ petition.

Learned Counsel submitted that petitioner''s son is studying in Class XII at Noida and is to appear in the final examination of Board in March-April, 2010. Learned Counsel also submitted that the petitioner has furnished an undertaking that he would not stay at Noida beyond four months and he would join at the place of posting after transfer.

In view of all the aforesaid, we allow the writ petition only to the extent that the petitioner shall stay on the place of his present posting only for a period of four months in terms of the undertaking and shall, soon thereafter, join at Balrampur as per the impugned transfer order or any other place to which he is sent on transfer.

This Writ Petition, thus, stands disposed of.

Sending a letter by a litigant at the address of a sitting Judge who decided the matter in the recent past, in the name of a person unknown to the staff, may amount to lowering the dignity of Court, the Judge is presiding over . It may also give an impression that Mr.Tiwari, a public servant and also a litigant, was trying to cultivate his relationship with said R.N.Singh under the wrong impression that he is in the staff of the Judge.

Hence, issue notice to Shri Rajesh Tiwari, Assistant/Deputy Registrar (Registration), Gautam Budh Nagar (Noida) (under transfer orders to District Balrampur) as to why a proceeding for criminal contempt not be initiated against him and an enquiry not be directed into his conduct. Also issue notice to the Inspector General of Registration, Uttar Pradesh, Allahabad to enquire into the matter and remain present in Court on 17.05.2010 with his report so that he should be aware of the conduct of his subordinate for taking appropriate departmental action. Let show cause notice issued to Shri Rajesh Tiwari, be served upon him through the Chief Judicial Magistrate, Gautam Budh Nagar (Noida) and Senior Superintendent of Police, Gautam Budh Nagar (Noida) and also through the Chief Judicial Magistrate and Superintendent of Police, Balrampur for appearance on 17.05.2010.

Notice to the Inspector General of Registration, Uttar Pradesh, Allahabad shall be served through the Chief Judicial Magistrate, Allahabad.

The Registrar of this Court shall ensure the compliance of this Order forthwith.

Let this matter be listed on 17.05.2010 before this Court for appropriate orders.

As the act of the contemnor prima-facie appears to constitute a criminal contempt of the Court, the Inspector General of Registration has placed him under suspension and the suspension order has been served upon contemnor Shri Rajesh Tiwari in the Court. However, on being asked, contemnor Shri Rajesh Tiwari has been truthful in admitting that it was a mistake on his part and also filed an unconditional apology on affidavit, which reads as:

That before giving reply to the contempt notice issued vide order dated 15.05.2010, the humble respondent tenders unconditional apology to this Hon''ble Court for his conduct which has led to issuance of notice.

That apart, it appears that he is a serious heart patient and a chronic diabetic case.

In view of the truthfulness shown in the court and in the background of his ailing health and also that of his wife, we are inclined to accept the unconditional apology. Hence, we accept the same and discharge notice. However, the department would be at liberty to proceed with the departmental inquiry, irrespective of the acceptance of apology.

Besides, during the course of hearing, Inspector General of Registration made a statement that in his opinion, except one officer namely Akeel Zafar, AIG Registration, Headquarters Allahabad, there is none who can be said to be honest. He also pointed out the problems he is facing in getting honest officers for posting at Ghaziabad, Noida and Greater Noida, as he needs to have four officers of the level of Assistant Inspector General of Registration for these places. According to him, he is contemplating to bring some honest officers from outside the cadre of the officers of Registration Department for posting at sensitive places. We quite appreciate the forthright statement of the Inspector General of Registration and we think that it would be ideal of him as well as of the Registration Department to have honest and sincere officers from outside the cadre of the officers of Registration Department for posting at the higher levels in the Department.

In view of all the aforesaid, the contempt notice is discharged and the appearance of Inspector General of Registration and the contemnor is dispensed with.

Let a copy of this order be issued to the Chief Secretary for compliance by placing this order in the service book of Rajesh Tiwari, Sub-Registrar and for circulation to all the Govt. Departments for information.