BIPIN KUMAR PRASAD Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE petitioner in this case was a Subordinate Judge in Bihar Judicial Service and he is aggrieved by impugned orders contained in Annexure 1, 2, 3 and 4 which have the effect of removal of petitioner from service as a consequence of departmental enquiry in which the enquiry officer exonerated the petitioner of all the four charges but the Standing Committee of the High Court, pursuant to a second show cause notice found three of the four charges proved against him on the basis of materials available on the record. As per decision dated 28.9.1996 contained in Annexure -3, it was resolved by the Standing Committee that the enquiry report be rejected and the petitioner be awarded the penalty of removal from service. On the basis of Annexure -3, the Registrar General of the High Court vide his letter dated 4.10.1996 as contained in Annexure -4 recommended to the Government of Bihar in the department of Personnel and Administrative Reforms to issue necessary orders for removal of petitioner from Bihar Judicial Service. In view of recommendation of the High Court, the order of removal from service was notified by Annexure -1 dated 17.4.1998 issued under the orders of Governor, Bihar and this order was directed to be communicated to the petitioner by the Registrar General of the High Court through a letter dated 24.4.1998 contained in Annexure -2.

(2.) THE facts necessary for deciding this case, in brief, are as follows. The petitioner was selected and appointed to the Bihar Judicial Service on the basis of 15th Judicial Service Competitive Examinations and he joined the service in the cadre of Munsif on 10.4.1975. After 10 years of service, he received a time bound promotion to the Junior Selection Grade and in April 1989, he was promoted to the rank of Subordinate Judge and posted at Jehanabad. In May 1992, he was transferred and posted as Subordinate Judge II at Danapur.

(3.) THE memorandum contained in Annexure -11 contains articles of charges. A perusal of the articles of charges reveals that the petitioner faced four charges in all. Charge I is to the effect that while posted as Sub Judge, Danapur, the petitioner had knocked down a pedestrian in the night of 22.7.1993 near Nasariganj outpost while driving motorcycle had caused injuries to the pedestrian as a result a large crowd of the local people assembled at the place of accident, surrounded him and allegedly assaulted to petitioner. Charge II is connected to the first charge and reveals that at the time of accident the petitioner was allegedly in a complete state of intoxication so much so that he did not even recollect his telephone number, as a result of which the police of Nasariganj post had to take him to the residence of Shri R.N.Sharma, another Sub Judge at Danapur for his identification and thereafter, he was carried to his residence in the car of a person who happened to be present on account of said occurrence. Charge III relates to his alleged objectionable behaviour in court room and complaints to the effect that two employees of Danapur civil court worked as touts of the petitioner, Charge IV alleges that the petitioner on several occasions delivered judgments without having dictated them, for example in Title Suit No.415/87 he had delivered judgment on 18.3.1993 but when the then District Judge, Patna in his surprise visit to Danapur on 30.3.1993 asked for the said judgment the same was not made available to him on the ground that the judgment was not ready. Similarly, in Title Suit! No.167/84 judgment had been shown to be delivered on 7.4.1993 but on 17.4.1993 the said was not made available to the then District Judge, Patna during his surprise visit and Shri Ramjee Puri, stenographer attached with the petitioner, told the District Judge that the judgment had not been dictated till then.