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Written Statement of Defence

1) The defendant, a former judge, denies the two charges against him of not preparing judgments and claims the missing judgments were due to the negligence of staff members, not himself. 2) He requests time and permission to verify records himself to find the missing judgments, claiming health issues prevented him from doing so previously. 3) Key staff members like the assistant bench clerk are accused of withholding documents and files from the defendant that could prove the judgments were prepared. 4) The defendant maintains he properly discharged his judicial duties and requests the charges be dropped.

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Sateen Madhu
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596 views4 pages

Written Statement of Defence

1) The defendant, a former judge, denies the two charges against him of not preparing judgments and claims the missing judgments were due to the negligence of staff members, not himself. 2) He requests time and permission to verify records himself to find the missing judgments, claiming health issues prevented him from doing so previously. 3) Key staff members like the assistant bench clerk are accused of withholding documents and files from the defendant that could prove the judgments were prepared. 4) The defendant maintains he properly discharged his judicial duties and requests the charges be dropped.

Uploaded by

Sateen Madhu
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as PDF, TXT or read online on Scribd
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1

WRTTEN STATEMENT OF DEFENCE

Submitted by S. Madhu,

Ist Addl.Jr. Civil Judge(U/S) Jagityal.

In ROC.No.1203/2019-Viigilence Cell, dt:30.9.2019

1. I humbly submit that I have been honestly and sincerely discharged my


judicial and administrative duties to the utmost satisfaction of my
superior officers and the Hon’ble High Court from the date of my joining
the judicial service from 1.1.2010 till 5.4.2018, during my service in
judicial career, I have disposed number of matters and received
appreciation of Hon’ble High Court. My present and past record of
testimony of my best quality services to our institution. I worked as Jr.
Civil Judge at Thungathurty, Husnabad and P.D.M. Court, at any station I
did not face this type of problem. Due to laxity on the part of criminal
bench clerk in this court only the judgments were missing. Even after
Office orders the staff did not comply the orders properly. Even after
several requests PA did not attend my quarters in the morning even a
single day on lame excuses. I specifically do not desire to be heard in
person. I may be permitted to engage Sr. counsel by filing additional W.S
to defend my enquiry if proceded and due to my suspension staff not co-
operating in getting important documents.

2. Charges No.1 and 2 framed in Annexure—I.

3. I humbly further submit that while totally denying two charges, I pray for
leave of the Hon’ble High Court to submit my consolidated answer to
avoid repetition. The charge No.2 is framed for not signing hostile
Judgment in C.CNo.347/2015 dated 14.3.2018, In this connection, I
submit that without my signature it was handed over to the concerned
clerk, which fact I came to know when I received the proceedings from
the Hon’ble High Court.

4. I humbly further submit that, as far as the chargeNo.1 is concerned, the


present I-Addl. Jr. Civil Judge, sent a letter in Dis.No.759, dated 23.7.2019
to the Hon’ble PDJ, KNR stating that during the course of inspection, the
inspecting staff found that the Judgments were not prepared in 27 cases,
apart from that two CC.No.686/2017 (judgment signed myself in Pen
drive and handed over to Asst. Bench clerk and C.C.32/2017 were seized
by the ACB officials) are kept in his custody( Judgement is prepared on
the same day and signed) and sought instructions. I deny the imputations
of other charges shown in annexure-A. Basing on the letter, the Hon’ble
PDJ issued Official Memo vide Dis.No.5685, dated 31.7.2019 directing me
to furnish the Judgments and orders in the above cases immediately.
2

5. I Further submit that humbly that on 14.8.2019 I sent a request letter


stating that to verify the files and sought 3 weeks or one month time on
health grounds with supported medical evidence to comply the orders by
verifying on computers on bench, chamber, pen drive of P.A. and myself,
since I used to prepare the judgements by directly dictating on computers
and most of the above judgements are acquittals and I contacted P.A. on
phone who was transferred immediately after my remand and she who
informed me that the judgements were to be on the desktop and
requested the Typist to take out prints and take my signatures but he did
not heed her request and P.A. further informed me that after noting
down the result portion the Asst. Bench Clerk Rama Swamy did not
handover the files to take dictation in full text of the hostile judgments,
the PDJ neither granted time nor acceded my request in writing for time
and addressed a letter suo-muto to the Hon’ble Registrar(Vig.) vide Letter
Dis.No.6368, dated 23.8.2019 informing that on perusal of the reply given
by me on 14.8.2019 he has pronounced the judgments without preparing
them in between August, 2017 and March, 2018. My reply to official
memo may kindly be read as part and parcel of this W.S. During my
tenure I was FAC of Second Class Magistrate, Jagityal. For some period I-&
II Addl.JFCM, Jagityal and PDM. On my request, the then Hon’ble P.D.J.
Karimnagar transferred C.C.s550 by withdrawing the courts of I-Addl. And
II-Addl. JFCM Courts, Jagiityal for speedy disposal according to law. Any
other points will be submitted at the time of hearing. This shows my
commitment towards disposal.
6. I further submit that the present I-Addl. JFCM, Jagityal addressed another
letter vide dis.No.966, dated 17.9.2019 to the Hon’ble PDJ on the
telephonic information stating that on verification of Fair Copy Register in
14 cases Judgments and orders are not found and sent two shorthand
note books from 1.6.2017 to 12.2.2018 and 21.12.2017 29.3.2018 which
were seized by the ACB officials and kept in the custody of the CMO with
a request to hand over the same as and when required. When I dictated
on computer, there is no scope to find transcription in Steno Note Book.
All the conviction Judgments were prepared and used to supply to the
concerned by taking ackowlement.

7. I further submit that without informing the same, the Hon’ble PDJ, on the
D.O.Lr.No.1203/2019-vigilanceCell,dated:12.9.2019 of the Hon’ble
Registrar,Vig.) Sent attested copies of docket orders all 27 cases which
alleged were pronounced on docket, attested copies of FAIR COPY
REGISTER and Shorthand Note Books. On further perusal of the Fair copy
Register, it is at once prepared during the period of inspection by coming
from KNR by PA and the concerned clerk initialled on the right side at
blank columns in collusion with P.A. in to escape their liability.
3

8. I further submit that, basing on that the Hon’ble High Court is proposed
to hold enquiry and asked me to submit my defence by way of filing W.S
on two charges only and I approached the Registrar,(Vig.) on 21.10.2019
and sought one month time and my request was considered and I
received proceedings on 23.10.2019 to that effect.

9. I further submit that after 62 days of my release, the Asst. Criminal Bench
Clerk Ramaswamy came to my resident and handed over 3 C.C.s in which
C.As are pending since the P.A. did not hand over the original Judgments
including Fair Judgments in convictions with taking prints and handed
over another 10 C.Cs in which attested copes were taken by ACB officials
of acquittals cases and the day I myself typed 3 CCs in which CAs are
pending my typing on lap top and inserted into my own Pend drive and
handed over to him to take print outs of cause titles from the computer
of P.A. and asked me to come in the morning to take out signatures, but
he cleverly sent my pen driver through CMO and at noon time he took
away the 10 CCs allegedly seized the attested copies by ACB by saying
that whether to find out the result portions in criminal case dairy, but still
now inspite of my several requests he did not come forward for the
reasons best known to hm. I think as like article charge No.2, there is
possibility of consigning the original judgments to record room with
taking care. Unless and until he will be examined the true facts might
have been elicited along with P.A.

10. I further humbly submit that if the Hon’be Court permits me to cure
the lapses committed by the staff since I possessed both Short Hand and
Type Writing @ high speeds to comply the orders to permit me to verify
the records, computers, pen drives on mercy grounds.

11. I further submit that it is to be noted that during inspection, the staff
used to come to my quarters and used to take signatures on missing
records, depositions, judgments and whenever CMO comes asked him
any irregularities were found during my tenure, he stated no irregularities
were found on my part, if anything were to be there, time will be given
for compliance and I reposed confidence on him and to my utter shock
the Hon’ble High Court initiated this action.

12. I further submit that I took charge of this court on 4.5.2017. The attested
copy of Fair Copy Register is supplied from 24.7.2019 and the same was
not supplied from when I took charge. The following .C.C.s an 2 D.V.C are
not found in the Fair Copy Register:-
1. CC503/2016 Dated: 14.3.2018
2. DVC.2/2015 Dated: 7.2.2018.
3. C.C.32/2016 Dated: 30.12.2017
4

4. DVC.6/2015 Dated: 31.7.2017.


5. C.C.686/2017 Dated: 31.1.2018(judgment typed by me, in
pen drive and handed over to Asst. Bench Clerk in the
custody of officer seized by ACB)

Under the above constrained circumstances, I humbly request the Hon’ble High
Court of Telengala to consider my detailed Written Statement of defence and
drop further action in this matter, in the interest of justice and oblige.

dated:17.11.2019. Yours faithfully,

(S. MADHU)

Former Ist Addl.Jr. Civil Judge,(U/S) Jagityal.

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