KAILASH CHANDER ASTHANA KAILASH CHANDER ASTHANA AMI CHAND RAM KUMAR PRAJAPATI Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) These four cases have been heard together and are being disposed of by this judgment.

(2.) Kailash Chander Asthana, petitioner in Writ Petition No. 817 of 1980, was initially appointed as a Munsif Magistrate in Uttar Pradesh in 1969 and was promoted in 1974 as a Civil Judge. In 1975 an application for transfer of a case pending before him was made by the plaintiffs in the case inter alia on the ground that the writ petitioner had demanded bribe from plaintiff No. 2, Krishna Murari who had refused to oblige. The Allahabad High Court directed the Vigilance Bureau, which is under its control, to make a preliminary inquiry. After receipt of a report by the Bureau, the Administrative Committee of the High Court considered the matter and decided to get a full-fledged disciplinary inquiry to be made, on three charges, the Charge No. 3 being the demand of illegal gratification from Krishna Murari. The High Court also decided that the petitioner should be placed under suspension, and on receipt of a recommendation to that effect an order dated 23-3-1978 by the Governor was passed. In accordance with the direction of the High Court the inquiry was conducted by an Administrative Tribunal framed under the Uttar Pradesh Disciplinary Proceedings (Administrative Tribunal) Rules, 1947 (hereinafter referred to as the Rules) and the evidence of the witnesses examined was recorded. After completion of the inquiry the entire matter was placed before the High Court and it was considered by the Full Court of the High Court, which approved the findings of the Administrative Tribunal, holding the writ petitioner to be guilty of the third charge. The High Court, thereafter by its letter dated 18-12-1979 requested the Governor to remove the petitioner from service and the impugned order terminating the services of the writ petitioner was accordingly passed. The petitioner has challenged the order under Art. 32 of the Constitution by Writ Petition No. 817 of 1980. It is stated by Mr. R. K. Garg, learned counsel for the petitioner, that in view of certain observations of this Court the writ petitioner also filed an application under Art. 226 of the Constitution before the Allahabad High Court, which was dismissed in limine on 14-3-1981. The order is under challenge in Civil Appeal No. 2523 of 1981.

(3.) Ami Chand, petitioner in Writ Petition No. 3782 of 1981, is also a Judicial Officer in Uttar Pradesh and has directly challenged the order dated 5-11-1980 reducing him in rank. A disciplinary proceeding was started against the petitioner in Writ Petition No. 8253 of 1981 Ram Kumar Prajapati, Munsif Magistrate in Uttar Pradesh, on two charges, namely, those of bigamy and of forging and making use of a document with a view to support his false defence of separation from his first wife. The charges were found to be correct. On the first charge the petitioner was punished with stoppage of three increments for five years and on the second charge his services have been terminated, vide order dated 13-10-1981. He has challenged the order by Writ Petition No. 8253 of 1981.