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SHREE CHANDRASHEKHAR, KULDEEP MATHUR
Amar Singh son of Bagtawar Singh Ji – Appellant
Versus
State of Rajasthan – Respondent
JUDGMENT :
Per, Shree Chandrashekhar, J.
The petitioner seeks to challenge the punishment of compulsory retirement awarded to him which was issued on 18th September 2015 by the order of the Governor of Rajasthan; under the signature of Deputy Secretary, Administration. In the departmental inquiry, the charge found proved against the petitioner was that he had entertained 2nd bail petition and granted bail to the accused Satyanarayan who was facing murder trial, though he had knowledge that the bail petition filed by the said accused was dismissed by the High Court and a transfer petition seeking transfer of Sessions Case No.25 of 2009 was pending before the High Court. The petitioner has challenged the very basis of instituting the disciplinary proceeding against him and has raised manifold grounds to assail the punishment order dated 18th September 2015.
2. Briefly stated, the petitioner at the relevant time was posted as Additional District & Sessions Judge at Sangaria and was seized with Criminal Miscellaneous Bail Application No.87 of 2010 filed by accused Satyanarayan seeking bail pending the trial in Sessions Case No.25 of 2009. Previously, he had rejected the bail petition file
Judicial officers must maintain integrity and impartiality; disciplinary actions require substantial evidence of misconduct.
The court's decision underscores the limited scope of judicial review in disciplinary matters, emphasizing the need for compliance with natural justice, presence of some evidence, observance of statu....
(1) Discharge from Post of Judicial Officer – Non-communication of ACRs to appellant is arbitrary.(2) Discharge from Post of Judicial Officer – When Government had, on enquiry, come to conclusion tha....
The judgment emphasizes the limited scope of judicial interference in departmental enquiries and the punishment awarded, highlighting that unless the punishment appears to be shockingly disproportion....
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