# the facts and circumstances of the case

- **Citation:** C.L. No. 5/Admn
- **Court:** Allahabad High Court
- **Decided:** 1971-03-23
- **Case number:** C.L. No. 5/Admn
- **Source:** https://unisonlegal.in/judgment/allahabad-high-court/the-facts-and-circumstances-of-the-case-162172
- **Pages:** 2

## Text

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C.L. No. 5/Admn. (B) Vig. dated 23rd March, 1971
On all complaints against an officer or a member of the staff sent for enquiry and
report, the District Judges should send complete report. It should invariably be to the
point, thorough and objective. Whenever necessary the record should also be perused
while sending the report and corrupt and inefficient officers/ officials should not be
shielded. A clear opinion should always be expressed on the allegations made. If the
allegations made are in respect of a pending or a decided case the opinion should be
expressed in clear words but without being too critical as Judicial Indipendence of an
officer has not to be curbed in any way. What has to be seen is whether the order passed
is or is not reasonable and also whether it was passed after taking into consideration all
the facts and circumstances of the case.
[20] VIGILANCE BUREAU OF THE COURT
C.L. No. 70 dated 14th August, 1968
All necessary assistance should be rendered to the Superintendent of Police
attached to the Vigilance Bureau established in the Court to curb the menace of
corruption as also to the police officers working under him whenever they visit the
districts in connection with enquiries. The assistance should include giving of access to
all official records required by them for the purpose.
C.L. No. CV 33/1987 dated 18th April, 1987
The District Judges should take up the enquiries into vigilance matter on top
priority basis and send their report to the Court expeditiously within the period stipulated
in C.L. dated 9.8.79.
C.L. No. 20/VG-23/Admn. (A) dated 20th August, 1999
Providing of facilities of stay, security, staff etc. to the officers of Vigilance Department
of the Court.
The Hon‟ble Court has been apprised of unexpected situation caused by noncooperation of the District Judges and the staff of the district court when the officers of
the Vigilance department visit a district in connection with enquiries. It has been noticed
that common courtesy of making arrangement for their stay, security, transport etc.
befitting to their status is not extended to them. They do not get access to the records
required in connection with the enquiry. In order to avoid the re-occurrence of the said
incidence, the Hon‟ble Court has desired that the following instructions may be followed
as soon as a visit of vigilance department is notified to district.
1.
Proper accommodation should be reserved in the name of the officer in Govt.
Inspection House or Govt. Guest House befitting to the status of the officer.
2.
Two
orderlies/peons
be
temporarily
attached
with
the
officer during his stay at the headquarter.
3.
Proper transport facility i.e. official vehicle be provided to him to perform
journey from the railway station to the Inspection House and from Inspection
House to the place of enquiry and to visit such places which are required to be
visited in connection with the enquiry. Such official vehicle facility be also
132
provided if the place required to be visited in the enquiry is not connected by
rail route.
4.
Proper sitting accommodation such as the committee room or the chamber be
ensured befitting to the status of the officer.
5.
Every assistance should be provided to the officer to have access to the record
connected with the enquiry and that the record should be made available to the
officer before the commencement of the enquiry or atleast within a reasonable
period of time.
6.
One stenographer and one typist be provided to the officer for the purposes of
enquiry.
7.
Security be provided to the officer at the place of enquiry.
I am therefore, directed to communicate the directions of the Hon‟ble Court for
strict compliance.
[21] INTERVIEW WITH THE HON‟BLE CHIEF JUSTICE
C.L. No. 8/le-7 of 1986 dated 16th January, 1986
The Judicial officers who wish to visit the Hon‟ble the Chief Justice to bring to his
Lordship‟s notice some problems or difficulties in service matters, the following schedule
should be observed by them :-
1.
On working days during the week, on prior appointment, except for some
emergent official work.
2.
On Sundays (between 10.00 A.M. and 12 Noon, without prior appointment.
The officers posted at Allahabad or Lucknow (during the visit of the Hon‟ble the
Chief Justice to Lucknow) and those coming to Allahabad from other stations, should not
visit the Hon‟ble the Chief Justice simply to pay their respects to his Lordship. Such
visits only entail waste of time of the Hon‟ble the Chief Justice and the officers
concerned. The best way of paying respects to the Hon‟ble the Chief Justice is not by
making personal call but to uphold the high traditions of the service and enhance its
image.
[22] INTERVIEW WITH THE HON‟BLE ADMINISTRATIVE JUDGE
C.D.O. No. 112/IC-27 dated 14th December, 1956 and
C.D.O. No. 68/1961 dated 14th July, 1961
The following instructions are issued to the Judicial Officers desirous of seeking an
interview with the Hon‟ble Judge in the Administrative Department and should be
strictly followed:
1.
Request for interview must state its object failing which it is liable to be
refused.
2.
Except in case of very serious inconvenience or difficulty, no request for
an interview in connection with postponement or cancellation of a transfer
should be made. Cogent reasons for postponement of transfer or transfer to
a particular station or in a particular part of the State may, however, be
brought to the notice of the Hon‟ble Judge by officers who are likely to be