Case Note & Summary
The petitioner, Shri Popat Pandharinath Sutar, a licensed court writer working at the Civil Court Junior Division, Karmala, District Solapur, filed a writ petition challenging the order/communication dated 06/04/2015 suspending his license issued on 20/06/2001 under Para 626, Appendix B of the Civil Manual. The suspension was based on an incident on 09/01/2014 when the petitioner created a hue and cry in the office of the Assistant Superintendent and in the court hall while the court of Civil Judge Junior Division, Karmala was in session. A report was submitted by the Civil Judge on 13/01/2014 to the Principal District and Sessions Judge, Solapur. An inquiry officer was appointed on 29/01/2014, and the petitioner was given notice and opportunity to participate. Evidence of eight witnesses, including the petitioner, was recorded in his presence, and he was allowed to cross-examine witnesses. The inquiry concluded that the petitioner's conduct was improper, leading to the suspension of his license. The petitioner challenged the suspension on grounds of violation of natural justice and arbitrariness. The court, after hearing the parties, held that the inquiry was conducted fairly, the petitioner was given full opportunity, and the suspension was justified. The petition was dismissed with no order as to costs.
Headnote
A) Licensed Court Writer - Suspension of License - Para 626, Appendix B of Civil Manual - Misconduct - The petitioner, a licensed court writer, created a hue and cry in the court premises and court hall, leading to an inquiry. After giving opportunity of hearing and cross-examination, his license was suspended. The court held that the suspension was valid and not arbitrary, as the inquiry was conducted fairly and the petitioner participated. (Paras 2-6) B) Natural Justice - Opportunity of Hearing - Inquiry - The petitioner was given notice, participated in the inquiry, cross-examined witnesses, and was heard before the suspension order. The court held that principles of natural justice were fully complied with. (Paras 2-5) C) Civil Manual - Para 626, Appendix B - Suspension of License - The license of a court writer can be suspended for misconduct after due inquiry. The court upheld the suspension as the petitioner's conduct was unbecoming of a court officer. (Paras 2-6)
Issue of Consideration
Whether the suspension of the petitioner's license as a Licensed Court Writer under Para 626, Appendix B of the Civil Manual was valid and in accordance with principles of natural justice.
Final Decision
The petition is dismissed. No order as to costs.
Law Points
- Licensed Court Writer
- Suspension of License
- Para 626 Appendix B Civil Manual
- Natural Justice
- Opportunity of Hearing
- Inquiry
- Misconduct in Court Premises
