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2019 Supreme(SC) 1348

ASHOK BHUSHAN, NAVIN SINHA
Ram Murti Yadav – Appellant
Versus
State Of Uttar Pradesh – Respondent


Advocates Appeared:
For the Appellant(s) :Kuldip Singh, Advocate
For the Respondent(s):Adarsh Upadhyay, Sunny Choudhary, Advocates

JUDGMENT

NAVIN SINHA, J.

The appellant, a judicial officer of the rank of Additional District and Sessions Judge, assails his order of compulsory retirement dated 03.05.2016 at 56 years of age under Rule 56 (C) of the U. P. Fundamental Rules (hereinafter referred to as ‘the Rules’).

2. The appellant while posted as a Chief Judicial Magistrate granted acquittal to the accused on 17.09.2007 in Criminal Case No.4670 of 2005 “State vs. Mohd. Ayub” under Sections 467, 468, 471, 474, 420, 406 and 120B of the Indian Penal Code. A complaint was lodged against the appellant with regard to the acquittal. After calling for comments from the appellant, and perusing the judgment and the order of reversal in appeal, the Administrative Judge on 24.02.2009 recommended an enquiry. A vigilance enquiry, V.B. Enquiry No.26/2009, was held by the OSD, Enquiry, High Court of Allahabad. The enquiry report dated 10.05.2012 was adverse to the appellant. His comments were called for on 28.06.2012. On 20.12.2012, the appellant was informed that on basis of the enquiry, a censure entry had been recorded in his character roll. The order of punishment was accepted by the appellant without any challenge. On 01.04.20


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