G.R. SANDE Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) The petitioner has preferred the instant petition under Article 226 of the Constitution of India being aggrieved by order dtd. 12/5/2015 (Annexure P/1) and 20/11/2015 (Annexure P/2), whereby the petitioner has been removed from service and appeal preferred against the removal has been dismissed respectively.

(2.) Brief facts of the case, as projected by the petitioner, are that on 11/7/1994, the petitioner was appointed on the post of Civil Judge Class-II and thereafter he was promoted to the post of Civil Judge Class-I, Additional Chief Judicial Magistrate and then to the post of Additional District Judge & transferred to Raigarh in the capacity of Additional District and Sessions Judge (Fast Track Court) in the year 2005.

(3.) The aforesaid bail application was registered as Bail Application No. 254/2006. On 17/5/2006, the said bail application was placed before the petitioner. The bail application was heard and disposed off vide Annexure P/4 by the petitioner on the very day. On 9/11/2006, a complaint (Annexure P/5) without signature and affidavit was received by the office of Registrar General, High Court of Chhattisgarh alleging therein that the said bail application was entertained by the petitioner for some extraneous factors. Based on the aforesaid complaint, a preliminary inquiry was conducted and thereafter decision was taken to conduct the departmental enquiry. After passing the order of conduction of departmental enquiry, charge sheet (Annexure P/6) was issued to the petitioner levelling charges that the petitioner has granted/allowed anticipatory Bail Application No. 254/2006 after taking illegal gratification of Rs.1.00 lakh and a mobile phone worth Rs.27,000.00 from the accused therein. The said charge sheet also enumerates that the petitioner has entertained the third bail application without their being any significant change in circumstances for entertaining and allowing the third bail application. In the charge sheet, it has also been stated that the act of the petitioner amounts to grave misconduct of a Government Servant/Judicial Officer under Rule 3 of Chhattisgarh Civil Services (Conduct) Rules 1965 and the same is punishable under Rule 10 of the Chhattisgarh Civil Services (Classification, Control and Appeal) Rules 1966 (for short 'the Rules 1966').