To, Date; May 14, 2015
Acting Chief Justice,
Punjab and Haryana high Court
Through Its Registrar General,
Sub; Satyemev
Jayate / Duty to uphold Truth and Law
Does it apply to Sh Sunil Chowdhary-
Registrar Judicial?
Sir,
1. Vide
letter Dt 2387 Dt 13.9.2012, (copy enclosed as A), Sh Sunil Choudhary declined
me inspection of COCP 2085/2011 (re-num. CP 53/12) on the ground that I am a
stranger. The order was in violation of Rule 3 of Vol 5 Ch V-A
of High Court rules and Orders under which a stranger can inspect any file with
permission of court and I had applied permission under rule 3. The case
pertained to false claim of Rs 1.5 crores in name of persons never been born.
Copy of enquiry report is enclosed as B. A perusal of COCP 2085/11 (CP 53/12) would
reveal that my name is mentioned in Para 13, 14, 15 of CP 53/12 and Para 19,
20, 21, 25, 30, 32 of reply. My letters are annexed by both the parties. Being
a stranger I was entitled to inspection with permission though I am no stranger
to the case. Violation of rule 3 by Sh Sunil Choudhary was with intent to
commit/ facilitate/encourage fraud by J Suryakant in ordering payments in name
of persons who have never been born in all other cases. J Surya kant passed two
orders on 11.1.2012 in COCP 2085/11(CP 53/12) which are not bonafide. Scam was
prevented in this case, only because, I was following this matter closely which
is listed today.
2. Vide
order Dt 22.4.2015 (copy enclosed) Sh Sunil Choudhary declined copy of letter
Dt 6.5.05 on the ground that I am a stranger to the case. The order is in
violation of Rule 2 (iii) of Vol 5 Ch V-B of High Court rules and
Orders. The letter by Chief justice B K Roy related to post script order of J
Surya Kant dt 14.2.05 in CWP 6916/04. The request of its placement on judicial
record and order of the then H’ CJ to place it on judicial record was with
object that its certified copy can be obtained u/r 2iii being related to orders
passed in above case. The case related to challenge of govt. allotment of 5.86 acres of land @ Rs 900 sq yards
whereas three years to this allotment adjacent land was allotted to Bar Council
of India @ Rs 5,800 per sq yards. 2 sons of a judge were prime stakeholders of
allottee. Violation of rule 2iii by Sh Sunil Choudhary was with
intent to hide / facilitate/encourage fraud by J Suryakant of passing orders
favoring kith and kin of judges.
3. I
may before concluding add that I have no personal grudge against Sh Sunil
Choudhary and nor his illegal denials affected me in any manner. I inspected
paperbook of COCP 2085/11 (CP53/12) from a colleague and orders are on website.
J Surya Kant himself admitted in open court on 2.5.2012 that he had passed two
orders on 11.1.2012 in above case. The
letter Dt 6.5.2005 of Chief Justice [retd] is available with several advocates,
journalists, social media and internet. Copy of the same is enclosed
herewith. It was also published in
newspapers and can be seen at following link;
4. The
only purpose of this letter is that public servants and particularly those
associated with High Court should not do anything illegal at asking of someone
or even otherwise and nor should they consider any individual as their master.
Their master and employer is the society. Their duty is to uphold the
constitution and the Laws; same as any other employee. They should not become
accessory to a crime or fraud by any other employee even if he is a Judge. World
can become a better place if we do our duty honestly like Salman khan’s body
guard who till his last breath confirmed that Salman was driving the car and he
was drunk. He realized that duty of his job is to protect his employer from
outside attack but not to shield him if he does a crime. The world needs more
such persons.
Hence this letter that law requires some
action against Sunil Choudhary that can convey a message to all employees of
high Court that their duty is to uphold the constitution and the laws and not to
shield any other employee if he commits a crime even if he is a judge.
For information and necessary action.
In service of nation,
KD Aggarwal
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