Back
IN THE HIGH COURT OF PATNA
Hemant Gupta, Vikash Jain, JJ.
Ram Sajan S/o Late Ram Dawar – Petitioner
Versus
The State of Bihar – Respondent
Civil Writ Jurisdiction Case No. 14317 of 2015
Decided On : 08-12-2016
Judicial Misconduct - Dismissal from Service - Bihar Civil Service (Classification, Control and Appeal) Rules, 2005 Rule 14(i) - Charges I-VII - Summary of Charges I-VII
Fact of the Case:
The petitioner, a Judicial Officer, was dismissed from service based on charges of gross judicial impropriety, lack of integrity, and unbecoming conduct. The Enquiry Officer found most charges proved, leading to the recommendation of dismissal by the High Court's Standing Committee, which was approved by the Full Court.
Finding of the Court:
The Court found that the Enquiry Officer's role was administrative, and the process of serving the show cause notice was valid. The Court also held that the lack of detailed reasons for the dismissal did not warrant interference.
Issues: Validity of Enquiry Officer's appointment, service of show cause notice, and lack of detailed reasons for dismissal.
Ratio Decidendi: The Court emphasized that the Enquiry Officer's role was administrative and that the lack of detailed reasons for dismissal did not warrant interference.
Final Decision: The writ petition was dismissed, upholding the dismissal from service.
Hemant Gupta, J.
1. Heard learned counsel for the parties.
2. The challenge in the present petition is to an order dated 30th of March, 2015 whereby the petitioner was dismissed from service in exercise of powers conferred under Rule 14(i) of Bihar Civil Service (Classification, Control and Appeal) Rules, 2005.
3. The petitioner being a successful candidate in the 24th Judicial Service Competitive Examination was appointed as Probationer Munsif on 15th of February, 2001. The petitioner was posted and was working as Sub-divisional Judicial Magistrate, Sherghati (Gaya) when an explanation was sought from him on 7th of January, 2014. The petitioner submitted his reply on 13th of January, 2014. On 12th of February, 2014, the petitioner was served with a memo of charges containing statement of allegations, articles of charges, list of documents and list of witnesses. The petitioner was called upon to submit a reply to the said charge sheet. Subsequently on 23rd of February, 2014, the petitioner was put under suspension and his headquarters was fixed at the office of the District and Sessions Judge, Patna. The petitioner was served with the following seven charges:-
"Charge I – You Sri Ram Sajjan were posted as S.D.J.M. Bagaha (West Champaran) from 14.12.2009 to 17.06.2013. One Ajay Kumar, was granted anticipatory bail in Complaint Case No. 775C/2010, Trial No. 25810/2010, vide Hon'ble Patna High Court order dated 30.07.2012 passed in Cr. Misc. No. 26602 of 2012 Sri Ajay Kumar surrendered in your Court on 04.08.2012 as per direction of Hon'ble Curt seeking permission for furnishing bail bond. You uttered un-parliamentary words against Sri Ajay Kumar and rejected the bail bond on technical ground that the name of one of the bailors in I-Card is Vijay Chandra Sharma while the name in the rent receipt filed with the bail bond is Vijay Chandra Thakur. You also removed the affidavit filed by Vijay Chandra Sharma from the record in which he had stated that he is being known by both names, i.e. Vijay Chandra Sharma and Vijay Chandra Thakur. You remanded the accused Ajay Kumar in judicial custody and left the headquarters at 12.30 P.M. without giving opportunity to produce another bailor.
In order dated 04.08.2012 you recorded wrong fact that the affidavit with effect that the name as mentioned in the Voter I-Card and rent receipt was of the same person was called for which was not filed on behalf of accused Ajay Kumar in order dated 04.08.2012 you also wrongly recorded that Sri Ajay Kumar was directed to file a fresh bail bond in the light of the order of the Hon'ble Court but he failed to do so.
The aforesaid act of yours is indicative of gross judicial impropriety, lack of integrity and an act unbecoming of a Judicial Officer.
Charge II – You Sri Ram Sajjan were posted as S.D.J.M. Bagaha (West Champaran) from 14.12.2009 to 17.06.2013 on 29.04.2013 accused Binod Yadav surrendered in your Court in Trial No. 4737/13 (2133/12) arising out of Bagaha P.S. Case No. 489/10 with a petition to permit him to remain on previous bail granted to him by you on 24.12.2010 as in-charge A.C.J.M. Bagaha you remanded Sri Binod Yadav to judicial custody on the pretext that the bail order dated 24.12.2010 was not bearing your signature. You made overwriting on bail order (6000 x 2) dated 24.12.2010 recorded on the bail petition dated 13.12.2010 and also made cutting in the signature of presiding officer on the bail bond dated 24.12.10.
The aforesaid act of yours is indicative of gross judicial impropriety, lack of integrity and an act unbecoming of a Judicial Officer.
Charge III – You Sri Ram Sajjan while posted as S.D.J.M. Bagaha (West Champaran) from 14.12.2009 to 17.06.2013 you were also functioning as Incharge A.C.J.M. from 28.04.2013 to 01.05.2013. You with ulterior motive called for the record of Complaint Case No. 376/13 (which was filed against you) from the office of A.C.J.M. Bagaha on 29.04.2013 and shifted the date after recalling the earlier orde
AI
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
