RAM CHANDRA YADAV Vs. STATE OF U.P.

JUDGEMENT

(1.) The petitioner, who happens to be the Judicial Officer, has challenged his order of dismissal dated 23.8.2011 passed by the State Government.

(2.) The petitioner was selected by U.P. Public Service Commission for appointment in U.P. Nyayik Sewa, and was posted as Additional Civil Judge-II at Jaunpur on 22.12.2003. Subsequently the petitioner was transferred as Civil Judge (Senior Division). The petitioner remained posted from time to time at different places of posting and from 6.8.2010, he was posted as Civil Judge (Senior Division), district Balrampur. During the period 16.12.2008 to 3.8.2010, the petitioner was posted as Additional Chief Judicial Magistrate at Hehrauni outlying court of district Lalitpur. While being posted as Additional Chief Judicial Magistrate, his reader Harish Chandra Gautam moved an application on 4.5.2009 seeking his transfer from outlying court to District Headquarter, Lalitpur. While submitting his application, Harish Chandra Gautam levelled certain charges against the petitioner that for the purpose of raising quota, the petitioner decided certain cases under the U.P. Excise Act and Arms Act between 13.4.2009 to 29.4.2009, showing them incorrectly decided. It was also alleged in the said complaint that the evidence of certain persons was recorded fraudulently, though they never appeared before the court on the date of recording of statement and during the said period, they were posted on election duty.

(3.) The District Judge proceeded to ask for comments on the said complaints by means of letter dated 7.7.2009. In response to the said letter, the petitioner submitted his reply on 15.7.2009. Meanwhile one Sarfaraj Ali, Advocate also moved a complaint on 3.9.2009 against the petitioner before the District Judge making certain allegations. It was also stated that the statements which were recorded with regard to 21 cases, referred to in his complaint, have been recorded between 2.4.2009 to 27.4.2009 fraudulently and the said cases have been decided between 6.4.2009 to 28.4.2009. On the said complaint, the District Judge, Lalitpur called for the comments of the petitioner with reference to the aforesaid complaint. The petitioner submitted his reply in response to the aforesaid complaint on 14.9.2009. The then District Judge, Lalitpur proceeded to conduct a preliminary enquiry and recorded the statements of Sarfaraj Ali, Advocate, Harish Chandra Gautam, Reader, Constables Amrit Singh, Mewa Lal, Rajesh Kumar and Radhey Shyam, and Dilip Kumar Srivastava, Assistant Prosecuting Officer, Mehrauni.