HARI NIWAS GUPTA Vs. STATE OF BIHAR

JUDGEMENT

(1.) This common judgment would dispose of the above-captioned appeals preferred by three judicial officers namely, Hari Niwas Gupta, Komal Ram and Jitendra Nath Singh, who were working as Principal Judge, Family Court, Samastipur; Chief Judicial Magistrate, Araria; and ad-hoc Additional District and Sessions Judge, Araria, respectively.

(2.) On 29th January 2013, a news item was published in a local daily (Udghosh), that on 26th January 2013 the Nepal Police had apprehended three judicial officers belonging to the State of Bihar as they were allegedly found in a compromising position with three Nepali women in a guest house at Biratnagar, Nepal. Thereupon the judicial officers were brought to the district police station in Nepal, but were released on account of pressure from various circles. On learning about the incident, the High Court of Judicature at Patna ('High Court' for short) had addressed the letter dated 18th February 2013 to the District and Sessions Judge, Purnea to submit a report in the matter. The District and Sessions Judge vide report dated 24th February 2013 had informed that during the inquiry the three judicial officers had denied having left India for Nepal. Komal Ram had claimed that he was in Purnea, and in the process of vacating his quarters on transfer. The report had made reference to another news item published by the same daily on 22nd February 2013, expressing regret over erroneous reportage and that the Superintendent of Police, Araria appeared to have held a bias against the judicial officers. After receipt of the report, the High Court had addressed a letter to the Ministry of Home Affairs, Government of India to collect and ascertain information, details and records. By communication dated 20th June 2013, the Deputy Secretary, Ministry of Home Affairs, Government of India, had informed the High Court that the mobile phones of the judicial officers were simultaneously switched off for a long time on 26th and 27th January 2013 and when the phones were active during that period, they were within the range of the tower at Forbesganj town, which indicated that the judicial officers were together in proximity to Nepal, and not at the place of their posting. The hotel bill submitted and relied upon by Komal Ram to support his claim that he was staying at a hotel in Purnea between 26th and 27th January 2013 was considered to be fabricated based on the handwriting and Komal Ram's signature on the bill. Further, the hotel was not of the standard where a judicial officer of Komal Ram's rank would have stayed.

(3.) The Standing Committee of the High Court in its meeting held on 5th February, 2014 had resolved that the judicial officers should be placed under suspension and also that they should be dismissed from service without an inquiry in exercise of power under clause (b) of the second proviso to Article 311(2) of the Constitution of India, read-with Rules 14 and 20 of the Bihar Government Servants (Classification, Control and Appeal) Rules, 2005. At the Full Court of the judges of the High Court held on 10th February, 2014, the recommendation of the Standing Committee was accepted and Full Court resolution was passed for dismissal of the judicial officers from judicial service in the State Government of Bihar, dispensing with the disciplinary proceedings by invoking clause (b) of the second proviso to Article 311(2) of the Constitution of India. The recommendation of the Full Court was accepted by the State Government and vide common order dated 12th February 2014 issued by the Governor of the State of Bihar the judicial officers were dismissed from service.