DINESH CHANDRA ROY Vs. HIGH COURT OF JHARKHAND

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) The petitioner at the relevant time was a Member of the Superior Judicial Service and was holding the post of Addl. District & Sessions Judge cum Special Judge, CBI, Fodder Scam, Ranchi cum AJC, Civil Court, Ranchi and was in seisin of Lower Bazar P.S. Case No.208/2010, corresponding to G.R No.4996/2010 and S.T No.515/2011. The accused of that case approached this Court by filing bail application, B.A No.1223/2012, wherein learned Single Judge of this Court by order dated 16.3.2012 allowed the bail application and while doing so, observed that before the petitioner the case was pending on the point of framing of charge for the last six months but the petitioner did not frame the charge against the accused person and thereafter further observed that formed habit of adjourning the case on the whimsical request of A.P.P and therefore, learned Single Judge held that it is a case of negligence on the part of the petitioner and the negligent act of the petitioner is required to be recorded in his ACR, for which the matter may be placed before Hon'ble Zonal Judge of the district of Ranchi.

(3.) Learned counsel for the petitioner relied upon two judgments of Supreme Court rendered in the case of Kashi Nath Roy Vs. State of Bihar, 1996 4 SCC 539 and of Braj Kishore Thakur Vs. Union of India & Ors., 1997 4 SCC 65, wherein Hon'ble Supreme Court observed that in a matter of bail granted by the District & Sessions Judge, order of bail was challenged before the High Court and the learned Single Judge of the High Court, after calling for a report from the District & Sessions Judge and considering the said report, cancelled the bail and also made severe stricture against the Judicial Officer which was held to be unwarranted and had been expunged and in the earlier case also, Hon'ble Supreme Court in the similar situation quashed the adverse observation.