REGENT COMPUTRONICS PVT. LTD.

SHREENATH UPADHYAY Appellant

V/S

STATE OF UTTAR PRADESH Respondents

Referred Judgements :-

JUDGEMENT

(1.) This writ petition has been filed for quashing the Order passed by the High Court of Allahabad on the administrative side, reverting the petitioner to next below rank, i.e., from the post of Civil Judge (Senior Division) to the post of Civil Judge (Junior Division), as a punishment after holding disciplinary proceedings, vide Order dated 12.11.1997.

(2.) The facts and circumstances giving rise to this case are that petitioner Joined as a Judicial Magistrate/Munsif in 1981, and while he was working as ACJM, Mathura, in 1994, he had entertained certain bail applications and granted the bail to the accused on 24.12.1994. The complainant in that case had sent a complaint to this Court, whereupon explanation of the petitioner as well as report of the District Judge, Mathura were called for, whereafter an Inquiry was initiated against the petitioner and duly approved charge-sheet dated 9.8.1996 was issued. The petitioner was charged with the allegations that he had acted with mala fide intention and granted the bail for extraneous considerations to help the said accused exceeding his powers by entertaining the application under Section 439 of the Code of Criminal Procedure (hereinafter called the "Cr.P.C.") though the case did not fall within the ambit of Section 437, Cr. P.C. and being a Magistrate he could not have exercised that power. The petitioner filed the reply to the charge-sheet denying all .the allegations. An inquiry was conducted and the Inquiry Officer found the charges established to the effect that he was guilty of misconduct within the meaning of Rule 3 of U.P. Government Servants Conduct Rules, 1956. The copy of the inquiry report dated 26.3.1997 was served upon the petitioner giving him an opportunity to file his comment(s) to the said report, which the petitioner submitted on 19.5.1997. The matter was placed before the Administrative Committee of the Court which accepted the report of the Inquiry Officer and referred the matter to the Full Court recommending that the officer be reduced to the rank of Civil Judge (Junior Division). The Full Court vide resolution dated 25.10.1997 accepted the recommendation of Administrative Committee and directed that the petitioner be reverted to the next lower rank in service, i.e., to Civil Judge (Junior Division) from Civil Judge (Senior Division). Hence this petition.'

(3.) Sri Tarun Verma, learned counsel appearing for the petitioner has submitted that in a case where a Judicial Order can be corrected in appeal or revision, the question of holding a domestic inquiry against the judicial officer does not arise. Thus the domestic inquiry as well as the Order impugned is liable to be quashed. The Order of punishment has been imposed by the High Court without referring the matter to the Governor of the State of Uttar Pradesh. Therefore, the matter remains in-executable and un-enforceable. More so, the punishment is too harsh and should not have been awarded in the facts and circumstances of the case. Thus, the petition deserves to be allowed and the impugned Order is liable to be quashed.

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SHREENATH UPADHYAY Vs. STATE OF U P

Referred Judgements :-

JUDGEMENT

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