PARMANAND MAURYA Vs. STATE OF BIHAR AND ORS.

JUDGEMENT

(1.) The petitioner was appointed as a Judicial Magistrate in Bihar Judicial Service in the year, 1986. Thereafter he was promoted as Subordinate Judge and then the Ad hoc Additional District & Sessions Judge.

(2.) In 2006 while the petitioner was functioning as Munsif at Sasaram, Execution Case No. 8 of 2005 was before him. The judgment debtor in that execution case approached this Court by filing Civil Revision No. 292 of 2006 and an order of stay of the execution proceedings was passed on 12.09.2006. The counsel for the judgment debtor filed a letter on 07.10.2006 informing that the order of stay was passed. However petitioner proceeded with the execution of the decree and directed delivery of possession on 08.10.2006.

(3.) The acts and omissions on the part of the petitioner were brought to the notice of this Court on judicial side. Thereafter the matter was taken up on administrative side. The charges were framed and not satisfied with the explanation offered by the petitioner, departmental enquiry was conducted. The enquiry officer submitted a report holding that the charges are proved. Taking into consideration the report, the High Court passed an order imposing the punishment of reversion to the substantive post of Subordinate Judge and reduction of pay-scale, withholding of three increments with cumulative effect. The result thereof was communicated to the petitioner through Memo No. 1320 dated 23.10.2010 issued by the District & Sessions Judge, Madhubani, where he was working at the relevant point of time. The petitioner challenged the same.