JUDGMENT

D.K. Jain, J.-Leave granted.

2. This appeal, by special leave, is preferred by the Patna High Court, through its Registrar General, against the judgment and order dated 21st May, 2010, rendered by a Division Bench of the High Court in the writ petition filed by respondent no.1. In the said writ petition the first respondent had challenged the decision of the Full Court recommending his removal from service as a Railway Judicial Magistrate. By the impugned judgment, the notification/communication dismissing him from service has been set aside with a consequential declaration that the said respondent shall be reinstated and paid 40% of his back wages as compensation. He has also been granted liberty to make representation to the High Court regarding the balance 60% of his back wages.

3. The first respondent in this appeal was appointed in Bihar Judicial Service on 29th March 1986, in the cadre of Munsif. In October, 1999, he was functioning as a Railway Judicial Magistrate, Barauni Dist., Begusarai. On receipt of some reports, alleging misconduct on the part of the said respondent, the District and Sessions Judge conducted a preliminary inquiry. Upon consideration of his