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2005 Supreme(All) 1814

B.S.CHAUHAN, SHISHIR KUMAR
Komal Prakash, Formerly Additional Chief Judicial Magistrate – Appellant
Versus
State of Uttar Pradesh – Respondent


Advocates:
C.K.Rai, K.R.Sirohi, MURLIDHAR, Virendra Kumar,

B. S. CHAUHAN, J.

( 1 ) THE petitioner, a member of the U. P. Judicial Service, has questioned the validity of the order dated 19thapril, 2005, whereby he has been removed from services on grounds of serious misconduct.

( 2 ) THE petitioner joined the U. P. Judicial Services in 1986 and while working as Civil judge/judicial Magistrate, Garhmukteshwar, District Ghaziabad, the petitioner conducted himself in a manner which gave rise to a complaint made against him, and ultimately, the High court on the administrative side decided to inquire into the alleged misconduct of the petitioner. The petitioner was served with a charge-sheet dated 22ndfebruary, 2002, containing 15 charges, (Annex. 2), which can be broadly classified in three groups.

(i) Entertaining civil suits and granting ex parte interim injunction in exercise of powers under order XXXIX Rule 1 of the Code of Civil Procedure (in short CPC), in matters relating to recovery of electricity dues, though the civil court had no jurisdiction to grant such a relief or even entertaining the suit in view of the fact that for realisation of the outstanding amounts as arrears of land revenue, recovery certificates had been issued but s








































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