Observing that mutual respect for each other and adherence to command structure was sine quo non (necessary) for the smooth functioning of the courts, the Madras High Court today ordered the transfer of the "Nazir" of Thanjavur Court for showing disrespect to Additional District Judge(ADJ).
Justice PN Prakash, who heard the petition by the "Nazir" D Rajasekaran, held him guilty of issuing summons to witnesses without court orders besides showing disrespect to the presiding officer (ADJ).
Rajasekaran apologised to the presiding officer by filing an affidavit and also tendering an oral apology in person on May 5 this year.
"Hence this court does not want to precipitate this matter and bring disharmony in the court," the judge said and quashed the summons as well as the criminal prosecution initiated by the ADJ of Thanjavur court against the peititoner, under CrPc Section 346.
The matter relates to a Motor Vehicles Accident case in connection with which the petitioner had issued summons to a staff of private hospital in Thanjavur, and an Assistant General Manager of the State Bank of India (Foreign exchange) without the knowledge of the ADJ.
When the Nazir was summoned by the ADJ to know who summoned the witnesses on January 19, 2016, the petitioner acted in a disrepectful manner and left the court.
Taking offence, the ADJ sought a direction from the Principal District and Sessions Judge to act against Rajasekaran.
As no action was taken, the ADJ had issued the summons for taking action against him.
Subsequently, Rajasekaran moved the High Court seeking a direction to quash the summons issued by the ADJ.
The judge said he could not shield the petitioner if departmental action was taken against the Nazir for his misconduct, and directed the Registrar General of the High Court to transfer him out of Thanjavur as punishment.
A Nazir is a person who has charge of the treasury, stamps, etc., and issue of summons in the court of law.
