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1988 Supreme(SC) 374

L. M. SHARMA, M. N. VENKATACHALIAH, R. S. PATHAK
Kailash Chander Asthana: Ami Chand: Ram Kumar Prajapati – Appellant
Versus
State Of U. P. : State Of U. P. : High Court Of Allahabad – Respondent


Advocates:
E.C.AGARWAL, N.M.POPLI, P.D.SHARMA, Prithvi Raj, PURNIMA BHATT KAK, R.K.GARG, S.KRISHNAMURTHI IYER, SHOBHA DIXIT, V.J.Francis

Judgment

L. M. SHARMA, J. :- These four cases have been heard together and are being disposed of by this judgment.

2. Kailash Chander Asthana, petitioner in Writ Petition No. 817 of 1980, was initially appointed as a Munsif Magistrate in Uttar Pradesh in 1969 and was promoted in 1974 as a Civil Judge. In 1975 an application for transfer of a case pending before him was made by the plaintiffs in the case inter alia on the ground that the writ petitioner had demanded bribe from plaintiff No. 2, Krishna Murari who had refused to oblige. The Allahabad High Court directed the Vigilance Bureau, which is under its control, to make a preliminary inquiry. After receipt of a report by the Bureau, the Administrative Committee of the High Court considered the matter and decided to get a full-fledged disciplinary inquiry to be made, on three charges, the Charge No. 3 being the demand of illegal gratification from Krishna Murari. The High Court also decided that the petitioner should be placed under suspension, and on receipt of a recommendation to that effect an order dated 23-3-1978 by the Governor was passed. In accordance with the direction of the High Court the inquiry was conducted by an Adm








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