LAWS(SC)-2011-10-86

RAJESH KUMAR SRIVASTAVA Vs. STATE OF JHARKHAND

Decided On October 03, 2011
RAJESH KUMAR SRIVASTAVA Appellant
V/S
STATE OF JHARKHAND Respondents

JUDGEMENT

(1.) LEAVE granted.

(2.) THE appellant herein submitted his application offering himself as a candidate for the post of Munsif to be recruited by the respondents for which an advertisement was also issued. Pursuant to the aforesaid application filed by the appellant, he was called to appear in the various tests held, including the interview conducted by the High Court. He successfully completed his tests and consequently was declared successful in the year 2001.

(3.) A complaint from one Ram Kumar was received by the High Court on 04.03.2003, wherein it was alleged that the appellant had discharged the said accused persons, despite rejection of revision application by the High Court earlier. It was also alleged that the aforesaid order discharging the accused was passed for extraneous consideration. The High Court on receipt of the aforesaid complaint called for a report from the District & Sessions Judge, Dhanbad. On receipt of the said communication, the District & Sessions Judge, Dhanbad, sent a letter to the appellant directing him to offer his remarks which were submitted by the appellant. The said remarks and report along with confidential report of the appellant were submitted by the District & Sessions Judge, Dhanbad, before the High Court. On 28.04.2003, the concerned Zonal Judge referred the matter to the Standing Committee for further action. In terms of the decision of the Zonal Judge, the then Chief Justice of the High Court also referred the matter to the Standing Committee by way of recording an order on 01.05.2003. The matter was considered in the meeting of the Standing Committee held on 08.07.2003.