(1.) By means of present writ petition filed under Article 226 of Constitution of India, the petitioner has assailed the enquiry report dated 13.2.1995 contained as Annexure No. 7 of the writ petition and the order of removal from services dated 6.2.1996 contained as Annexure No. 9 of the writ petition, with further prayer to issue a writ, order or direction in the nature of mandamus commanding the opposite parties to reinstate the petitioner on the post of District Judge with full consequential benefits.
(2.) The petitioner late Sri Suresh Chandra Shukla was a judicial official and was posted as a District Judge in District Fatehpur in the year 1994 and in the matter of granting a bail, a preliminary enquiry was conducted by the sitting Judge of the High Court and vide report dated 9.5.1994, it was found that the Sessions Judge Fatehpur had absolutely no jurisdiction to take the accused into custody or to entertain the bail application and release the accused on bail. The then Sessions Judge Fatehpur did not complied with the provisions of section 439 of Cr. P.C., 1973 and the direction given by the Court in Circular letters and the bail was granted to the accused without putting any restrain on the movement of the accused to indicate that the accused was under custody. After submission of the preliminary enquiry the matter was placed before the competent authority and a departmental enquiry was initiated against the officer and during the enquiry he was placed under suspension. The Enquiry Judge submitted the report to the Hon'ble Chief Justice, which was placed before Administrative Committee and with the report of the Administrative Committee the matter was again placed before full Court where he was found guilty of misconduct and a decision was taken to remove him from service. The matter was referred to the State Government i.e. Governor/appointing authority and vide order dated 6.2.1996 a decision was taken by the appointing authority/competent authority to remove the services of the petitioner. Aggrieved by the aforesaid order the present petition has been filed on the following grounds:-
(3.) Brief facts giving rise to filing of the present writ petition are that the petitioner while acting as District and Sessions Judge Fatehpur on 4th March 1994, he entertained heard and disposed of the bail application of Sanjay Somani on the same day in Case Crime No. 45/94 under Sections 420/467/468/409 I.P.C., at Police Station Philkhana, District Kanpur Nagar for extraneous consideration committing irregularities and failed to maintain absolute integrity and devotion to duty while exercising the powers as Sessions Judge. There were charges against the delinquent officer that the matter relates to the Kanpur Nagar Jurisdiction while the delinquent officer working as a Sessions Judge in Fatehpur, entertained the surrender application and allowed the bail application without affording any opportunity of hearing to the D.G.C./State and allowed the application on the same day on 4.3.1994 without jurisdiction and without putting any restrain on the movement of the accused to indicate that he was under custody. In a case of embezzlement of about twenty five crores in the year 1994, the accused was wrongly taken into custody without jurisdiction and was granted bail for two months vide order dated 4.3.1994 without any reasonable ground and without having any jurisdiction in the matter where the accused was neither taken into custody by the police nor warrant has been issued against him for arrest by any Court of Kanpur nor he was arrested at Fatehpur on a warrant issued by the Court of the concerned district. Further after grant of bail and directing the accused to be released on his executing a personal bond of ten lakhs and two sureties of rupees two lakhs, the accused was further allowed a week's time for filing a sureties bond and accused was released on the same day for extraneous consideration.
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