KRISHNA MURARI SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) This writ petition is directed against the order dated 19.2.2005, issued under the signature of the Registrar General, conveying the decision of the Patna High Court that the petitioner's pension to the extent of 25% has been withheld.

(2.) A brief statement of facts essential for the disposal of the writ petition may be indicated. The petitioner was at the relevant point of time posted as Additional District & Sessions Judge, Nalanda, at Biharsharif. He was due to superannuate on 31.5.2002, on completion of 60 years of age. He was served with charge-sheet dated 28.5.2002 (Annexure 2), incorporating therein five charges against the petitioner which in substance meant that he had seriously erred in granting bail to different accused persons. The petitioner had shown cause by his communication dated 10.6.2002. The enquiry was conducted by the learned District & Sessions Judge, Nalanda. The petitioner participated in the enquiry proceeding. On a consideration of the materials before him including the defence of the petitioner, the learned District Judge submitted his enquiry report on 4.4.2003, whereby he held that the petitioner had seriously erred in granting bail in all the five cases. The matter was considered by the High Court, and it was resolved to withhold his pension to the extent of 25%. The order was communicated by the learned Registrar General by his aforesaid communication dated 19.2.2005. Hence this writ petition.

(3.) While assailing the validity of the impugned order, learned counsel for the petitioner submits that a perusal of the charge-sheet and the enquiry report shows that it was a case of bona fide exercise of discretion in granting bail. No motive is discernible in granting bail to the different accused persons.