DILIP KUMAR DAS Vs. STATE OF ASSAM

JUDGEMENT

(1.) The petitioner herein was last posted as Civil Judge (Senior Division) No.1 and Assistant Sessions Judge, Silchar and he was placed under suspension on 22/11-97 in contemplation to hold an enquiry and thereafter earlier to it on 10/9/96 a show cause was issued to the petitioner while he was Chief Judicial Magistrate at North Lakhimpur and the main allegation against him was as follows:-

(2.) The petitioner filed an application praying that he may be allowed sometime to submit the explanation and to give him time to inspect the documents. That was done. Thereafter the explanation was submitted by him in details which is Annexure-III to the writ application, After considering, the explanation the authority issued charge sheet to him on 29th of September, 1997 and considering the gravity of the matter placed him under suspension. The charges are available at Annexure-IV to the writ application. The main charges are that he granted bail both anticipatory as well as regular bail as many as in a number of cases without applying the judicial mind and in a most mechanical manner. Jn a case of pre-arrest bail U/s. 376 where there was a statement by the victim girl, it was held at the time of granting bail that the victim girl was a consenting party to the offence. The finding of the learned Judge is as follows.-

(3.) The written statement was filed which is Annexure-VI and thereafter the Enquiry Officer was appointed and the enquiry was proceeded. An order was passed on 4.4.98 by the Enquiry Officer which is quoted below; -