LAWS(SC)-2026-1-8

NIRBHAY SINGH SULIYA Vs. STATE OF MADHYA PRADESH

Decided On January 05, 2026
Nirbhay Singh Suliya Appellant
V/S
STATE OF MADHYA PRADESH Respondents

JUDGEMENT

(1.) Leave granted.

(2.) This case highlights the unfortunate plight of a judicial officer (appellant herein) who, after 27 years of unblemished service, was removed from service. The sole and exclusive basis on which the appellant has been removed are four judicial orders by which he enlarged certain parties thereon on bail. Those four orders were contrasted with fourteen other orders of bail and after finding that in the four orders Sec. 59-A of the Madhya Pradesh Excise Act, 1915 (for short the "Excise Act") was not referred to, action has been taken. According to the High Court, in the fourteen other orders the appellant referred to the said Sec. implying thereby that he was conscious of the existence of the said Sec. on the statute. Sec. 59-A prescribes what has now famously come to be known as "twin conditions" for grant of bail.

(3.) The question before us is whether on facts, based on the four judicial orders of grant of bail per se and without anything more, the authorities were justified in removing the appellant from service?