BRIJIENDRA SINGH YADAV Vs. STATE OF U P

JUDGEMENT

(1.) Petitioner. Sri Brijendra Singh Yadav, who was a member of Higher Judicial Service and at the relevant time, was working as IX Addl. District Judge at Meerut, being aggrieved against the order of removal from service passed by the Governor of Uttar Pradesh on 4.2.1997 in pursuance of an enquiry conducted by Justice T.P. Garg (as he then was), who was appointed enquiry officer by the High Court, has invoked the jurisdiction of this Court by filing present writ petition under Article 226 of the Constitution of India.

(2.) Factual matrix of the case, as set out in the writ petition as well as in the counter-affidavit filed by the opposite parties, in short compass, is that the then Administrative Judge of the Allahabad High Court Mr. Justice R.B. Mehrotra intimated to the Registrar of the High Court that the Administrative Judge received information that inspite of the orders passed by the High Court on 19.5.1992 in First Appeal No. 426 of 1989 arising out of Land Acquisition Case No. 93 of 1987 (District Meerut), the petitioner, who was posted as IXth Addl. District Judge. Meerut, had released amount of Rs. 35 lacs in favour of Smt. Savitri Devi in violation of the interim order passed by the Court. According to the Administrative Judge, the matter being serious one required immediate action.

(3.) It appears that said information was received by the Administrative Judge through Mr. Justice K. Narayan. The record of the case along with First Appeal No. 426 of 1989 was accordingly summoned by the Administrative Judge and he directed the District Judge to submit a report along with the comments of the Officer. The District Judge. Meerut submitted his report on 13.7.1994 along with the comments of the Officer dated 15.6.1994. Mr. Justice B.K. Singh, who later on took over as the inspecting Judge, after perusal of the report of the District Judge, the comments of the petitioner as well as the record, submitted his report to Hon'ble the Chief Justice on 20.12.1994. Hon'ble the Chief Justice ordered for initiation of the enquiry and the Administrative Committee of the High Court, in its meeting held on 13.1.1995, resolved that the petitioner be suspended from service in contemplation of the enquiry. Accordingly, the petitioner was suspended with effect from 23.1.1995, in contemplation of the enquiry. The Administrative Committee in its meeting held on 1.2.1995 further resolved that the disciplinary proceedings be initiated against the petitioner and a charge-sheet be served upon the petitioner, Hon'ble the Chief Justice was authorised to nominate the enquiry officer. On 7.2.1995 Hon'ble the Chief Justice appointed Mr. Justice T.P. Garg as the Enquiry Judge for holding disciplinary proceedings against the petitioner. Charge-sheet was served upon the petitioner on 5.8.1995. Petitioner's representation dated 2.7.1995 for revocation of the suspension was rejected by the Court and the petitioner was informed accordingly vide letter dated 20.10.1995. The Enquiry Judge concluded the enquiry and submitted his report to Hon'ble the Chief Justice on 8.7.1996.