The Allahabad High Court has ordered the Central Bureau of Investigation (CBI) to conduct an inquiry into the conduct of AH Khan, a former presiding officer of the Debt Recovery Tribunal (DRT) in Lucknow, in light of serious allegations of irregularities and misconduct in handling tribunal proceedings just before his retirement.
Background of the Case
Justice Pankaj Bhatia issued the directive after examining a series of complaints against Khan, particularly concerning an order dated September 18, 2024, which was allegedly passed without any proper hearing. Further, just prior to his retirement on September 27, 2024, Khan issued a corrigendum retroactively amending the earlier order to appear as though it had been issued on September 24. The complaints were substantiated by the Registrar’s report, which noted procedural discrepancies.
The Bank of Baroda, which brought the matter to the High Court’s attention, argued that the DRT case in question needed to be listed for order pronouncement on September 24. The bank’s counsel maintained that this discrepancy indicated the corrigendum was issued to cover up the original order’s lack of bona fide intent. Moreover, the private stenographer to the presiding officer confirmed that no order had been dictated on September 18, and the corrigendum was prepared on an outsourced basis on the day of Khan’s retirement.
Earlier Complaints Against the Officer
The Court highlighted that Khan’s conduct had been under scrutiny on two prior occasions for allegations of favoritism and inappropriate behavior. In those instances, the High Court had directed the Central Government to investigate the claims. The current allegations, coupled with these past incidents, suggested a pattern of questionable conduct.
Court’s Observations
The Court noted that Khan’s actions before his superannuation appeared to undermine the integrity of the Tribunal and lacked the good faith expected of a presiding officer. It further observed that as a government servant under Section 21 of the IPC, a presiding officer is granted protection for actions performed in good faith. However, the evidence presented prima facie indicated a deliberate misuse of authority.
Justice Bhatia stated:
“Clearly, prior to the date of superannuation, the Presiding Officer acted in a manner that cast a cloud on the functioning of the entire Tribunal. Such actions warrant a detailed investigation to uphold judicial propriety and public trust.”
CBI Inquiry and Next Steps
The Court has instructed the CBI to conduct a thorough investigation, including verifying the tribunal’sTribunal’s records mentioned in prior court orders. If irregularities are confirmed, the CBI has been authorized to file charges against Khan and other involved individuals in accordance with the law. The agency is required to submit its report within 15 days, with the matter scheduled for further hearing on December 10, 2024.
Legal Representation
Advocate Prashant Kumar Srivastava appeared on behalf of the Bank of Baroda, while Advocates Apoorv Dev and Ashish Chaturvedi represented the DRT, Lucknow, and other respondents.
The case underscores the Court’s commitment to addressing alleged judicial misconduct and ensuring accountability within the system.
