In a writ petition filed before the Allahabad High Court stating that the Sub-Divisional Magistrate, Sadar, Kanpur had lingered and made no orders in proceedings of the petitioner’s case under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007, a Division Bench of Justice J.J. Munir and Justice Indrajeet Shukla directed three effective dates to be fixed every week in the subject case and adjourned the present matter to a further date.
In previous proceedings, the Court had directed the Sub-Divisional Magistrate (SDM) to submit a report on the allegations made in the present petition. The Court perused the report in the present proceedings and noted that the Tribunal, being presided over by an administrative officer, i.e., the SDM, had remained engaged with administrative duties from 01-07-2026 to 21-07-2026 because of which, hearing of the matter could not take place.
The Court clarified that if judicial functions are conferred upon any administrative officer, the officer would be obliged to dispose of his judicial work first, before taking up his administrative duties. Considering the discipline associated with judicial work, the Court stated that the time schedule of the of the court sitting cannot be haphazard and at the convenience of the Presiding Officer while noting that not only the time, but the SDM remained away from judicial work for 21 days because he had administrative assignments.
The Court said that it had repeatedly emphasized that entrusting judicial duties on administrative officers is not a good idea and further emphasized that the State must consider entrusting such matters to trained and professional judges who are not burdened with administrative duties.
Regarding the subject case, the Court directed that three effective dates of hearing were to be fixed every week and necessary orders were to be passed. The Court adjourned the matter to 15-09-2026 and directed the SDM to make a fresh report about the status of the proceedings. The present order was directed to be communicated to Principal Secretary, Social Welfare Department, Government of U.P. and the SDM, Sadar, Kanpur Nagar, through the Chief Judicial Magistrates of Lucknow and Kanpur respectively within 24 hours.
