MADAN MOHAN CHOUDHARY Vs. STATE OF BIHAR

JUDGEMENT

(1.) LEAVE granted.

(2.) THE recommendation of the High Court on the basis of which the appellant, who held the rank of Addl. District and Sessions Judge, was compulsorily retired from service, exhibits the tragic fact that the highest judicial body of the State which abhors anything done contrary to the rule of law or done in a whimsical manner or arbitrarily, can itself act in that manner on the administrative side. Still, the plea that High Court Judges suffer from "split personality" cannot be accepted for the pleasant fact that though on the administrative side they might have had acted as ordinary bureaucrat, once they don the robes they forget all their previous associations and connections. THE transformation is so complete and real that even though they themselves were part of the decision making process, they quash their own administrative decisions in exercise of their power of judicial review and thus maintain the majesty and independence of the Indian Judiciary in which the people have always reposed tremendous faith. In the instant case, however, the order of compulsory retirement dated 2-8-1997 passed by the State Government on the High Court's recommendation has been upheld and it has fallen to our lot, in this appeal, to scrutinise the validity of this order.

(3.) ON 14th of November, 1995 while working as District and Sessions Judge Incharge, Madhubani, the appellant granted anticipatory bail to certain accused in a case under Section 307, IPC. The bail order was challenged in the High Court in Criminal Miscellaneous Case No. 18207 of 1995 which came up before a learned Judge of the High Court who passed the following order on 26-3-1996 :-